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Home My WebLink About1980-07-15 Info PacketI City of Iowa Cit MEMORANDUM Date: July 3, 1980 To: City Council From: City Manager Re: Matters Relating to the Implementation of Iowa Code Chapter 400, Civil Service, in Designated Cities Attached is a report from Mr. William P. Angrick II, the Citizens' Aide/Ombudsman for the State Of Iowa. The City has been discussing this matter with the Citizens' Aide office for a period of several months. Enclosed is correspondence which the City 1980. sent to his office in March, file appropriate documents have been drafted for bringing Iowa City into full compliance. The City has been reluctant to make the changes because 1) the present law is antiquated and marginally workable; 2) there is hope that there will be Civil Service reform legislation in the next session of the Legislature; and 3) the current legislation is incompatible both with the collective bargaining law and Home Rule. The City is prepared to implement the necessary changes in a minumum period of time if this is necessary. In any case, we believe it is that on rch 13.appropriate that the City respond to this report with a letter similar to response. Ineaddition, I elieveewillan send a letter to the Lit 9sger importantrthatethe Cityappropriate eague of Iowa Municipalities and make it clear that Civil Service reform should be a priority for League legislative efforts. bdw/sp cc: City Attorney Legal Staff Dale Helling Civil Service Commission MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 I I CI I IIFNS' Alnf r (M IUDWAN CAVI 101 1:(1h11'I I % 1)1 5 hll IINI N. In WA IACII11 I,I„Idy. I.I.,:..... ... I., I.. 79 I Lbs .lune 27, 1980 STATE OF IOWA INU Wil I IAM P AN, MICK It IIII IIII MII'illlll Re: Matters Isolating to the Implomentation of lova Code Chapter 400, Civil SLrv:-Ce, In Designated Cities Dear Mayor and Members of the City Council: The Iowa Citizens' Aide (Ombudsman) Act provides in part as follows: Section 60.1G.17. 'file Citizens' Aide (Ombudsman) Islay puhlish his conclusions, recommendations, and suggestions and transmit them to the governor, the general asselllhly or any of its committees. When publishing "in opinion adverse to an administrative al;ency or officinl he Shall, unless excused by the agency or official affected, include with the opinion any unendati reply made by the agency. Any conclusions, tale Same time ens, arld suggestions So publishod mny nt tho samo timo'hc others who made availahie to the news media, or i may be concerned. Attached is a copy of our report regarding the above captioned matter. Our investigation has indicated that your city is not in full compliance with Section 400.6, Code of Iowa. Please i respond as per attached sheet by .July 22, 1980. Sincerely.;- I IVi 1 I i am P. Angri ck I f Citizens' Aide/Ombudsman WPA:pn ends. RAY CORNELL CHARLES T. RICHARD „n. •,,,,, ,,, ,, ,,, •'• .::.r. r JOHN SPINNA iO MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES DONEEN WOODWARD 13 Y� H 0 In ONLY UNI: OFFICIAL UVSPONSI: IS NHCESSARY A A AA AAA A'*A*;. AA AAA A'*A*AA*J.***A:A*A*A *A'**A:*A).** *A 4 *A A******* A A*** A*** A* *A* A* CI it i1.:11 RcIf) r1 1JJill bc1,: 80-I CA/0 F.ile Number: 7J-1265 Ito: platters Relating to the liapiementatiun or iowa Code I:h,Iptcr q(1(), Civil Service, In besignated (:itics Date TO: i0IVA CITIZENS' AID):/01-;RI1DSAIAN ( ) C'o do not wish to make reply to this report. ( ) IVU wish to Dulke reply to this report as per attached sheet. ( ) We request that our reply be included in the published repent or the Citizens' Aide/Onibuclsman. MICROFILMED BY JO RM MI CR+LA9 CEDAR RAPIDS • DES MOINES 0 CRITICAL REPORT 980-1 Matters Relating to the Implementation of Iowa Code Chapter 400, Civil Service, in Designated Cities TO: Mayor and Members of the City Council of the following cities: Burlington, Cedar Falls, Cedar Rapids, Clinton, Fort Dodge, Iowa City, Marshalltown, Mason City, Newton, and Waterloo FROM: William 11, Angrick II Citizens' Aide/Omhu(IsNian RF.: Case Fila 979-1265 DATE OF ISSUANCE: June 27, 1980 MICROFILMED BY JORM MIC R+L AB CEDAR RAPIDS • DES MOINES 5 MATTERS RELATING TO THE IMPLEMENTATION OF IOWA CODE CHAPTER 400, CIVIL SERVICE, IN DESIGNATE -11) Cl'f11ES NARRAT I VIE Thr 011'icc, of CiIi•r.ens' Aido/Omhudsmau received a complaint. alleging that in the city of. Burlington municipal employees are not. covered by Civil Service as provided by low;, law. In our review of the complaint, we found that Burlington .;as ::no of several cities not in compliance with Section 400.6, Code of inwa, which mandates Civil Service coverage for all city emple. !es ::cept those specifically exempted. That section states: "The provisions of this chapter shall apply to all appointive officers and employees, including former deputy clerks of the municipal court who became deputies of the district court clerks, in cities under any form of government having a popu- lation of more than fifteen thousand except: a. City clerk, deputy city clerk, city soli- citor, assistant solicitor, assessor, treasurer, auditor, civil engineer, health physician, chief Of police, assistant chief of police in depart- ments numbering more than two hundred fifty members, market master, city manager and admini- strative assistants to the manager. b. laborers whose occupation requires no special skill or fitness. C. Election officials. d. Secretary to the mayor or to any commis- sioner. 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES /3el;x c. Commissioners of any kind. I. Casual employees." This information precipitated ;1 survey by the Citizens' Aide/ Ombudsman of those Iowa cities with a population of fifteen thou- sand or more. Section 26.6, Code o1' Iowa, identifies the "last preceeding certified federal census" ;Is the official determiner of papulation for any political snl.,livi.ion of the state, ,,,less otherwise specified. Such Coll tI ry pccificntion is not made in Chapter 400 and, therefore, muui,ipat pap(1lations were taken from the 1970 U.S. Consus. It shot)],. be ,-�t.cd that after the taking of the 1980 U.S. Census several mo1f• co, •nlnities will have passed t:hc fifteen thousand population lcvfl ti, icby :increasing the number of cities falling under this mandate- f..• a Civil Service system. FINDINGS AND CONCLUSIONS The results of that survey are presented in the accompanying table. 01' the twenty-one cities listed in the 1970 Census as having a PoPulation of fifteen thousand or more, only eleven have indicated that they are presently in full compliance. Ton cities have indi- cated that they are in partial compliance, five of which provide Civil. Service only to police and fire personnel. The following cities have indicated that they are not in full com- pliance with Section 400.6, Code of Iowa, mandating Civil Service coverage for all city employees except those specifically exempted: Burlington Cedar Falls Cedar Rapids Clinton Fort Dndgo lows City Marshalltown Mason Ci Ly Newton Waterloo ' 13 f_f MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 0 Of those cities claiming full compliance with Section 400.6, Code of Iowa, Cour have documented compliance by providing relevant Illunic ip:,l ordinances. 'I'hrce of those ordinances make refel-ence to unl of dale Cudc Ch:1111(.1, 305, Code 1966. Two other Cilie.,: claiming I'nl I r0mpl.i:unr u1•Ir•rcd as docameulat ion administ r:11 ivc rules and l'l-ullliuns or minutes of' formal mectiugs. One city claiming partial cMill)1 u,cc Illalle Vl•rllal rcfcrlace to various city ordinances dealing wilh municipal employees. 'Ihe rcmaininl; civics either provided no ducnmcotntioil 01. rcrcI.r•cd 10 Section 400.6, Co do of Iowa, as suffi- ci(•uL ifill) lclient ing legislation. An Attorney General's Opinion written in 1916 states that the only ordinance required by a city adopLing Civil Service would be that of appointing the commissioner since the statute is complete in oLher respects. Ilowever, the nearly fifty percent lack of compli- aocc with the statutory mandate suggests that some formal legis- I:hive action :It the local level would be appropriate. This is Iruc particularly with file advent of home rule Incl colluctive harg:lininl; agi-ccments prounllgated under Chapter 20, Code of Iowa. It Ii COMM f:NDAT IONS It is recommended that each of the cities in non-compliance take the necessary steps to comply with Section 400.6, Code of Iowa, mandating Civil Service for city employees. It is recommended, as the designated cities implement Civil Service Systems, that they do so by ordinance, which would be :I most appro- priate method of implementation. 'those cities with ordinances which refer to outdated code sections should take steps to update those ordinances. Investigation by: Ruth L. Mosher, Ocputy Citizens' Aidc/Ombudsman Report by: Itiilliam P. Angrick 11, Citizens' Aide/ombudsman June 27, 1980 3 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 . - i j I I i i i I Partial i City Population* Compliance Compliance Fire Only X Dubuque 1-1 !'1 MUNICIPAL COMPLIANCE WITH SECTION 400.6, CODE OP IOWA Council I: ;Itl Pull Partial Police f, City Population* Compliance Compliance Fire Only X Dubuque 62,309 X Ames 39,505 X X Iowa City — —_ 8ettendorf 22,126 X ----- — _--- Marion — Burlington 32,366 X X 4i C0dar Fal:s 29,597 X X Cedar Rnl::ds X I —x-- — I Clinton _110,642 --------- 34,719 29,610 X Council I: ;Itl 60,348 X — — Davenport 98,469 X Des Moines 200,587 X Dubuque 62,309 X Port (lodge 31,263 X Iowa City — —_ 46,850 X Marion 18,028 X _ Mnrshalltown 26,219 X 4i Mason City 31,951 X Muscatine 22,405 X I Newton 15,619 X j Ottumwa 29,610 X' Sioux City 85,925 X Waterloo 75,533 X West Des Aoines 16,441 X 'TOTAL II *1970 Census 4 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 5 5 i March 13, 1980 Mrs. Ruth L. Mosher Deputy Citizens' Aide/Ombudsman Citizens' Aide Office Capitol Complex Des Moines, Iowa 50319 Re: 79-1265 Dear Mrs. Mosher: Recently you inquired concerning civil service. 1 am very pleased that an agency of State ,government is finally beginning to look at the anti- quated and unworkable civil service law. A week or two ago I discussed some of this information with Mr. Angrick so I hope you will pass this response on to him. While the City of Iowa City is attempting to comply with the state civil service law, compliance is difficult for the law is antiquated, in conflict with the intent of collective bargaining, modern personnel practices, and Home Rule. With the passage of the Public Employee Relations Act many of the protective provisions of civil service no longer seem applicable. To require employers and employees to bargain while still being subject to the burdensome procedures of civil service seems inconsistent with the policies of the legislature "to promote harmonious and cooperative relationships between government and employees" and to assure "effective and orderly operations of government." For example, House File 2268 which was introduced in this session of the legislature would seem to eliminate some of the problem. Irankly, I think the civil service law is so antiquated that major, revisions of it are not possible. Legislation which would require cities to have a merit personnel system and then allow the protection of the employee to be accomplished through the collective bargaining process seems much more appropriate. Perhaps there could still be special civil service provisions for police and fire. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 13.4n Mrs. Ruth L. Mosher March 13, 1980 Page 2 I have enclosed information prepared by the Public Affairs Institute. I am sure that Mr. Riggenberg of the Institute would be pleased to discuss Civil Service problems with you. It is expected that Iowa City will be in full compliance (the best we know how) with the Civil Service law within 90 to 180 days. Sincerely yours, Neal G. Berlin City Manager bJ/sp CC: Pat Brown Roger Scholten I i f r 13T dd i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES The University of Iowa Iowa Cily, Iowa 52242 Vice President for Finance and Univerally Service, RECEIVED JULY 5 1980 June 23, 1980 Mr. Neal Berlin City Manager Civic Center Iowa City, IA 52240 Dear Neal: I have received your letter of June 20, 1980, concerning the pending energy development bill, which would provide federal subsidies and loan guarantees for alternative fuel plants such as those that burn waste. I am asking Ray Mossman to look into the matter in a preliminary way, and we would be very interested in exploring this with you in the coming months. CC: Ray Mossman pan MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS - DES MOINES 13 V3 i 4 sA a4%0 � a WO 0 ? FOWA June 19, 1980 �1 r PUBLIC TRANSIT DIVISION 5268 N W 2nd AVE DES MOINES. IOWA 50317 515 281 4265 NU NO Mr. I112y11 Mose, Jr., Transit manager I0wt1 Ci Cy Transit 410 1:. Washington Iowa City, Iowa 52240 Dear Hugh: Thank you for your recent verbal agreement to proceed with the proposal for State Transit Assistance Funds, as per our conversa- tion. I have attached a copy Of the Commission Order which will be presented to the Iowa Department of Transportation Commis-sion for their consideration on June 24, 1980, in Ames. You are welcome to attend the meeting if you wish Lo do so. Cry-d.i 11.i.y , Dougly K : ogr.rs District. b; nager Public Transit Division DKR/dkw COMMISSIONERS JUI ESM GUSKEB jIANRARA OUNN O ROGER FMR SiDue CIIY Des Marnm DONALD GARBNE9 WILLIAM MDG11A1N GuenlrnR Cedar, OeDids Mtlrdee MICROFILMED BY JORM MICRDLAB CEDAR RAPIDS a DES MOINES ROBERT NGLER BRUCE II VAN GRUFF New NemDID, Red On /3 yy a roe In>no DEPARTMENT OF TRANSPORTATION j AGENDA IT -11 It COMMISSION ORDER it �U Glvis4nil��.� • Public Transit -- '----- ---- Item/Order No.�_ Submlllod by_-_ Doug Rogers 281-4293 June 24, 1980 --------_-.__-.__._Phone No.-__ e __ Meeting Dat_—_- TITLE: FY181 State -Transit Assistance _ Iowa City Transit DISCUSSION I BACKGROUND TRANSIT SYSTEM: Iowa City Transit CONTRACTING BODY: City of Iowa City I S",I(v.ICING AREA: Region 10 (City of Iowa I City) I-'UNDS RL•'COMMENDED: $173,068 i OPERATING PROJECTS: (7/1/80 to 6/30/81) rt 1. Special Service $32,500 2. Evening Service $97,100 3. Saturday Service $25,470 TOTAL $155,070 CAPITAL PROJECTS: (7/1/80 to 6/30/82) 1. One Large Rus $12,998 1i $ 5,000 ; $17,998 I a roe In>no DEPARTMENT OF TRANSPORTATION j AGENDA IT -11 It COMMISSION ORDER it �U Glvis4nil��.� • Public Transit -- '----- ---- Item/Order No.�_ Submlllod by_-_ Doug Rogers 281-4293 June 24, 1980 --------_-.__-.__._Phone No.-__ e __ Meeting Dat_—_- TITLE: FY181 State -Transit Assistance _ Iowa City Transit DISCUSSION I BACKGROUND TRANSIT SYSTEM: Iowa City Transit CONTRACTING BODY: City of Iowa City I S",I(v.ICING AREA: Region 10 (City of Iowa I City) I-'UNDS RL•'COMMENDED: $173,068 i OPERATING PROJECTS: (7/1/80 to 6/30/81) 1. Special Service $32,500 2. Evening Service $97,100 3. Saturday Service $25,470 TOTAL $155,070 CAPITAL PROJECTS: (7/1/80 to 6/30/82) 1. One Large Rus $12,998 2. Two -Nay Radio System $ 5,000 TOTAL $17,998 PROPOSAL /ACTION RECOMMENDATION: • It is recommended the commission approve the contract with the City of,Iowa City for $173,068 (operating assistance of $155,070, capital assistance of $17,998) as shown above. COMMISSION ACTION I STAFF ACTION: Movedby,_-_,_.__—_-Secondedb MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES Busker Dunn Fair Gardner McGralh 111gler IP... Ilrurr Vote Aye Nay Pass M f I01 -IA CITY TRANSIT IOWA CITY, 10!IA FUNDS RECOiihIENDED: $173,068 OPERATING PROJECTS: 1, SPECIAL SERVICE 2. EVENING SERVICE 3. SATURDAY SERVICE TOTAL CAPITAL PROJECTS: 1. ONE LARGE BUS 2, TWO-WAY RADIO SYSTEM TOTAL (7/1/80 TO 6/30/81) $32,500 $97,100 $25,470 $155,070 i (7/1/80 TO 6/30/82) i $12,998 $ 5,000 $17,998 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES l3f�f/ 1014A CITY TRANSIT IOHA CITY, IOWA FINANCIAL AND STATISTICAL COMPARISON FY 1980 TO FY 1981 FY 1981 OPERAT114G BUDGET % OF CHANGE ----- FROM FY 1980° " EXPENSES $1,377,894 REVEIJUE $ 640,750 +17.5% SUPPORT: $ 737,144 +22,5% + 8,7% FEDERAL -0- LOCAL $582,074 -0- IOWA DoT $155,070 +22,7% -13.81 PASSENGERS 2,000,000 REVENUE MILES+5,0% 750,000 +2,7I FY 1981 CAPITAL BUDGET 1) ONE LARGE BUS 2) TWO WAY RADIO SYSTEM FEDERAL (SEC, 18) $159,780 LOCAL $ 19,973 IOWA DOT $ 17,998 $ 1,975'" "ACTUAL TOTAL $199,726 FIGURES FOR THREE QUARTERS, i ESTIMATED, FOURTH QUARTER (APRIL, MAY -AND JUNE, 1980) j "PRIOR IOWA DOT CONTRACT, MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES 13 �y i i .4 IOIJA CITY TRANSIT JOWA CITY, IOHA FY .l'.18'U OI;JECTIVLS - ACCOf1PLIS1If1EIJTS OBJECTIVE ----- 7 COMPLETE I. 114CREASE SYSTEfl RIDERSHIP BY 3/Z. FOR 4/1/79 - 3/30/800, 150;0 A) 2. RESTRUCTURE THE ROUTES THROUGH AN IPJ-DEPTII ANALYSIS AND IMPLEMENTATION BY 2/15/800. 100% 3. DIRECT A MARKETING AND PROINOTION CAMPAIGN 10 INCREASE RIDERSHIP DURING OFF-PEAK HOURS STARTING 7/1/79, 1007 4, IMPLEMENT THE 101-1A HOT OPERATORS HARKETTNG MANUAL BY 11/1/79, 757 B) 5. OBTAIN FUNDING APPROVAL FOR TRANSIT COACHES BY SUBf'IITTING A SECTION 3 AND/OR SECTION 180 GRANT APPLICATION. 95% c) ACCOMPLISHMENT AVERAGE 100% A) RIDERSHIP UP NEARLY TWICE THIS AMOUNT. B) PARTIALLY IMPLEMENTED -DUE IN PART TO CHANGE- OVER IN DISTRICT MANAGER, C) IOWA CITY HAS GONE THROUGH ALL THE RELEVANT STEPS EXCEPT FOR BID SPECS- DELAY LARGELY DUE, OVERALL, TO REASONS BEYOND THEIR CONTROL. MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES 1,3w z 'I IOIJA CITY TRANSIT JOWA CITY, IOHA FY .l'.18'U OI;JECTIVLS - ACCOf1PLIS1If1EIJTS OBJECTIVE ----- 7 COMPLETE I. 114CREASE SYSTEfl RIDERSHIP BY 3/Z. FOR 4/1/79 - 3/30/800, 150;0 A) 2. RESTRUCTURE THE ROUTES THROUGH AN IPJ-DEPTII ANALYSIS AND IMPLEMENTATION BY 2/15/800. 100% 3. DIRECT A MARKETING AND PROINOTION CAMPAIGN 10 INCREASE RIDERSHIP DURING OFF-PEAK HOURS STARTING 7/1/79, 1007 4, IMPLEMENT THE 101-1A HOT OPERATORS HARKETTNG MANUAL BY 11/1/79, 757 B) 5. OBTAIN FUNDING APPROVAL FOR TRANSIT COACHES BY SUBf'IITTING A SECTION 3 AND/OR SECTION 180 GRANT APPLICATION. 95% c) ACCOMPLISHMENT AVERAGE 100% A) RIDERSHIP UP NEARLY TWICE THIS AMOUNT. B) PARTIALLY IMPLEMENTED -DUE IN PART TO CHANGE- OVER IN DISTRICT MANAGER, C) IOWA CITY HAS GONE THROUGH ALL THE RELEVANT STEPS EXCEPT FOR BID SPECS- DELAY LARGELY DUE, OVERALL, TO REASONS BEYOND THEIR CONTROL. MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES 1,3w I010 CITY TRANSIT IOWA CITY, 10!,!A FY 1991 OBJECTIVES 1, TO IMPROVE THE AVERAGE REVENUE/EXPENSE RATIO DURING THE FIRST THREE QUARTERS OF FY'81 TO 0.51, 1-111ILE INCREASING RIDERSHIP All AVERAGE OF 51wo DURING THE o"XIE PERIOD, A) PURCHASE AND INSTALL" 7_-1'!AY RADIO SYSTE°1 BY 3/31/91, 0 DESIGN AND IPIPLFI^ENT A °1"RKETING PROGRl.11 1.1111C!I II1Ll_ INCREASE OFF-PEAK R111FRI4I1P BY ]O4.WRl' 3/3/?,1, c) DRAFT A NEII DRIVERS HANDBOOK AND' 111IL1 f I -NT BY .10/31./80. .Y MICROFILMED BY JORM MICR+LA6 j CEDAR RAPIDS • DES MOINES June 30, 1980 To: Neal Berlin, City Manager From: Sophie yukrowakf, Arrirmntive Action Compliance Analyst /V1 � T wish to inform you that after considerable deliberation I have decided to leave my current position with the City of Iowa City on August 15, 1980. While being employed by the City of Iowa City, I feel that I have deligently made a substantial effort to meet all the diverse responsibilities of my job. In addition, all my efforts were carried out with the intention of and commitment to doing the best ,lob which I possibly could. I have professionally and personally enjoyed working (Mekthe members of the Iowa City Human Rights Commission and providing to these volunteers all assistance which time allowed. However, I feel that the level of support provided to the Commission, especially in the area of complaint Investigation, was seriously affected by the dual responsibilities of my Position, in particular, the numerous and varied non -Commission related demands, In regard to my direct responsibilities to the City management, I both expected and was willing to absorb new tasks associated with the Position. However, the level of new demands exceeded the capabilities of any one person to do the jab effectively. This necessitated a continuous realignment of priorities between Commission and City work especially when confronted with issues affecting City policies and practices that needed immediate attention. Although my reports regarding City issues have not always been popular or implemented, they have provided those in positions of authority a civil rights/human resources perspective on the basis of which reasonable management decisions could be made. Although the structure and emphasis of. the Human Relations Department is to change, the last three years of experience show that the department has been in almost constant flux, In addition, the major functional areas of affirmative action, personnel, civil rights, support to the Commission and internal management staff as well as federal contract compliance require a level of support staff more than that which is being allocated in order to effectively implement cohesive programs. An such, the probability of my sporadic involvement in various City issues Is not only not professionally conducive but also detrimental to achieving the necessary and required federal and human resources programs. On this basis, I have made the decision to pursue the advancement of my professional career elsewhere, Note: Sophie will be moving from Iowa City with her husband who has been granted a sabbatical. 13'f.5 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I �1 0 City of Iowa Cit ' MEMORANDUM Date: June 27, 1980 To: Department and Division Heads /yam From: Roger Tinklenberg, Energy Program Coordinator �( Re: City Conservation Newsletter The Energy Conservation Program Office will soon be distributing The Lner4y Saver News, a periodic newsletter concerning ways to save energy in the office or home. The newsletter is primarily for distribution among City employees, but extra issues will 90 Out to the community. Please encourage your employees to take a look at the newsletter. Enough copies will be distributed, so please post them in an appropriate spot. The information inside can help the City and the employee save money. From time to time the Energy Saver News will run stories on how different departments have saved energy. If your department has done so, please drop us a line. We'll be happy to include it in our next issue. For that matter, feel free to send any comments or information on conservation to the Energy Conservation Office. bj2/12 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES energy saver NEWS Number 1 CITY OF IOWA CITY JUNE 1980 National Energy News * President Carter signed a proclamation this April to continue the Emergency Building Temperature Restrictions for another 9 months. The restrictions mandate a summer temp of not less than 78 degrees and winter temp of not more than 65 degrees. Also the Dept. of Energy is considering a proposal to make the restrictions permanent, according to Deputy Secretary John C. Sawhill. * In early June the Congress refused to allow Carter's proposed gasoline conservation fee, or tax. The proposal would have added $4.62 for each imported barrel of oil. * The American Automobile Association announced this spring that every mile you drive will cost over 21 cents. This estimate is for an average -sized six cylinder i American car. * Congress has given the go- ahead for a multi -billion dollar energy bill that will provide for development of synthetic fuels. The syn - fuels will hopefully replace imported oil in the future. Plan your trips Try to make one multi. stop trip rather than several single -stop trips "COV.SERVATION TO All)'ricirr CITY Oum;r-r- CITY TO LAUNCH ENERGY PROGRAM IOWA CITY, IA (ESN) The first of July will be the beginning of Iowa City's Energy Saving program. Officials hope to save up to $52,000 with the conservation options available in the program. The money released through conservation could be used in other programs and departments. This might help the already tight budget the City faces this year. Rising energy costs have pushed fuel costs $80,000 higher this year. Statistics point to continued increases in . the future. Because of this, the Energy Conservation Program Office will analyze the energy needs of City buildings. Energy waste will be eliminated through conservation methods. These methods can be minor, like weather-stripping of windows and doors, or major, such as checking boilers and insulating buildings. The Program will focus mostly on the City's ENERGY • buildings, but will also look We can't into the management of the municipal fleet. Energy afford to savings can be found through better care for the cars and waste it. trucks, training in driving, and coordination of fleet purchases. NEW H VAC SYSTEM The City of Iowa City already has reduced the FOR CIVIC CENTER average size of its cars. This process is called down -sizing, and has saved the City both City employees working it energy and money. the Civic Center will soon fine The Program Office noted some relief. The City will br that cities can save energy installing a new HVA( through many methods. This (Heating, Ventilation, Ail includes building inspection Conditioning) System. and rehabilitation. During The new system, to br the fiscal year 1979, the City completed by early winter (Cont'd Page 2) Don t idle your car molar for more In 30 seconds- that an it needs to warm will be replacing an older Inefficient one. This presen, system fluctuates from ver' cool to very hot, regardless o the outside weather. I 0.01101 Page 2) Energy Conservation Program, 410E, Washington, Iowa Cityr Iowa 52240 (319) 354-1800 /9 V MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ENERGY SAVER news HVAC SYSTEM........ The fluctuations of the present system have caused lots of employee discomfort, and it is costly to run. Another problem with the HVAC system now used in the Civic Center concerns the Federal Emergency Building Temperatures. The government has issued orders that no public buildings exceed 65 degrees in the winter or become cooler than 78 degrees in the summer. At present, this is difficult to comply with because of the HVAC's malfunctioning. The new system will cost the City about $146,000. This will include a conversion of the City steam boilers to hot water boilers which will be cheaper and easier to operate. Other components of the new HVAC system will include a replacement air conditioning system and an improved air handling system to move the air around the Civic Center. The heating system will have some major modifications. The heat will be moved about int he Civic Center by the air handlers. A new humidification system will be added. The schedule for completion of the new HVAC system shows that the final touches should be done by December 1980, or January 1981. CITY CARPOOL The Iowa City Energy Conservation Office will be helping City employees to organize carpools this summer. All permanent full-time employees will receive a survey to find out their interest in a carpool. Those who return the survey and wish to join will be contacted later with the names of other City employees in their area. The City will help set up the carpools if requested. The carpoolers can decide on the best methods, such as smoking or non-smoking, where to pick up and let off members, drivers, etc. All of those interested in carpooling can contact Roger Tinklenberg in the Energy Office. Americans use more than 30 times the energy they used 100 years ago but the population has increased only seven -fold. This means that each American is using four times more energy than his or her grandparents. NOW TO GET BETTER MILEAGE FROM YOUR CAR... Obey the 55 mph speed limit. ICuep your engine tuned. For a free haaklet with more e:uy energy saving tips. write "Energy." hax 62, Oak Itidge, TS :178:111. IINMOY. We wnrF afford to waste If. U S Dopa)lrnefit of I norgy MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES Page 2 PROGRAM....... spent over one-half million dollars on electricity and fuels. The Program Coordinator, Roger Tinklenberg, plans on saving about $52,000 of the total cost in the first year. "This amount will not fully offset the increasing energy costs due to rising prices, says Tinklenberg, but, it will reduce their impact." SaverTips When you are working in the office, here are a few things to remember about saving energy: I. Turn off fluorescent lights when not in use for more than 10-15 minutes. 2. Be sure to turn off all electric office equipment when not in use. 3. City employees can recycle white bond paper at the Print Shop in the Civic Center. 4. There is no restriction on the use of fans in the summer, but if you use a space heater in the winter, it can only be used to heat the room up to 6S degrees, the redernl limit.. 5. Dress according to tlu• season, and save energy. NOTEo The Energy Conservation Office of Iowa City welcomes any and all information, correspondence, or suggestions concerning the ENERGY SAVER NEWS. Please send them to the address listed on the first page. Thank -you. POLICY PAPER: ENERGY CONSERVATION IN MUNICIPAL TRANSPORTATION Presented By: the RESOURCES CONSERVATION COMMISSION IOWA CITY, IOWA JUNE, 1980 COMMISSION MEMBERS: Philip G. Hotka, Chairman Keith Gormezano, Vice Chairman James A. Shepherd, Secretary Patrick Fett Antonia W. Hamilton Gary Sanders Michael R. Singer MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r3y8 TRANSPORTATION POLICY PAPER Historical Situation: In the past when both energy and manufacturing were cheap, automobiles and related forms of transportation which are heavy uses of natural forms of energy, were readily available and affordable. As a nation we became dependent upon these modes of transportation both as important symbols of status and to take us wherever we wanted to go. We felt no need to be cautious about their use or any necessity to explore alternative approaches to them. Present Situation: The transportation sector now consumes over 25% of the nation's energy. Over 33% of the City's energy costs are for transportation fuels. The availability of these fuels has begun to be a serious concern and the steadily rising prices that must be paid for them are a harsh reality. During 1979 gasoline prices increased by about 65% and diesel fuel prices went up 83%. The simple facts of budgetary responsibility dictate that we take a good look at hard-headed and imaginative means of coping with these spiraling costs. There are specific suggestions which, if put into practice, can make a real difference in the level of fuel consumption and the cost of vehicle operations. Among these recommendations are improving fleet management, exploring uses of alternative fuels, and being alert to alternative methods of transportation wherever practical. At the same time it is essential that City employees learn the facts of responsible energy use in order for them to understand and cooperate in this larger effort. Recommendations: 1. Fleet management: a. Presently preventive vehicle maintenance is being done and should be continued. b. Downsizing is occurring and should be continued. C. The purchase and assignment of vehicles must be of the appropriate size to fit the job. This may necessitate increasing the fleet size but would result in greater efficiency. d. Urge department heads to reduce vehicle use. -Eliminate unnecessary idling. -Use effective driving techniques for good performance. -Combine trips wherever possible. e. Trade off vehicles according to condition and mileage, rather than age. Attention: Equipment Division, Finance Department, and department heads with vehicles. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES rte; 2. Alternative fuels: a. Consider available alternative fuels: gasohol, diesel fuel, natural gas, propane, electricity, or a combination of these. b. Consider generating own fuel such as by changing the type of sewage treatment plant being planned to a methane producing digester system. C. Monitor future availability of various fuels. Attention: Equipment Division, Energy Program Coordinator, City Engineer, and Pollution Control Division. 3. City employee use of alternative transportation: a. Support car pooling: i. Send out information to employees showing advantages and soliciting their participation. ii. Coordinate car pooling by use of volunteers or interns, with options of using private vehicles with free parking, or City vehicles on subscription basis. b. Reduced bus fares for employees: Initiate a temporary 25% reduction in bus fares for City employees to serve as a one-time promotional effort to encourage bus use by City employees and demonstrate City leadership in promoting alternative vehicle use. C. Investigate the reduction or elimination of the parking subsidy for City employees not using car or van pools. d. Encourage employee use of bicycles, walking, buses, and mopeds for local job related travel. - Attention: City Manager and all Department Heads. 4. City employee information: a. Post information on bulletin boards to inform employees of how they can save transportation energy. b. Periodic information sent to employees in fliers or memos. C. Each department head should bear in mind and ask his/her employees to bear in mind methods of conserving transportation energy in their department and other departments. Attention: City Manager and all Department Heads. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 Summary: Only through serious attention to the efforts described above can we hope to arrest the rising costs of transportation which already require 33% of the City's energy costs. In order for these suggestions to work we need a mutual committment to have them implemented by the department heads at the direction of the City Council and Manager and coordinated by the Energy Conservation Office. We will also need the willing cooperation of each and every City employee. Although it is unrealistic to predict precise levels of savings, it is not unrealistic to expect decreased vehicle usage and wear, longer life spans and cut backs in demand for fuels. These facts all translate directly into dollars saved. Thus we can expect that effective conservation efforts in the transportation sector will release money for other important applications. By gradually and consistently instituting the habit of conservation among City employees and with reference to the use and management of City vehicles we can set an important example for the community and expect to realize statistical savings in the transportation budget. NOTE: All comments are welcomed. If you have any comments or information concerning this paper, please return them to the Resources Conservation Commission. MICROFILMED BY JORM MICR4LAB CEDAR RAPIDS • DES MOINES �✓7V h 4.75 7- — Z7 Ygve5 REviEVV & OUTLOOK Pandora's Mandate "Mandate" is already one of the dirtiest words in the parlance of state and local government. Now the U.S. Supreme Court has handed down a de. cision to make it a positive curse. Wednesday's 6 to 3 ruling in th case of Maine u. Thiboutot couldn't d more harm if it were deliberately de signed to subvert the federal system and bankrupt cities from coast t coast. I.ocaltties already are reeling from court and congressional "mandates" ordering them to provide a wide range of services without re gard to the cost. The Thiboutot deci. sion will make it vastly easier for any individual to force such a court order. The suit originated when Maine's conunissloner of human resources reduced the welfare check for Lionel and Joline Thiboutot and their eight children. The Thiboutots filed a class action suit under the Civil Rights Act of 1871, claiming that the state policy was denying them a benefit to which they were entitled under federal law. This type of case was originally de- signed to protect ex -slaves against Southern political attempts to limit their civil rights; until now it had been limited to civil rights and constitu. tional issues. The Supreme Court Wednesday decided that this powerful means of enforcement should be avail. able to anyone unhappy with state or local administration of any joint fed. eral program. In further encourage- ment of such sults, the court ordered Maine to pay the Thiboutots' attorney. The practical meaning is that state and local governments are now at the mercy of any special interest group with a moderately competent lawyer. No matter what localities have bud. geled, no matter how much they can afford, If Congress can be prevailed on to provide a sufficiently vague decla. radon of "right," then the special in. terest advocates can go to court and get a judge to force whatever level of spending he thinks the case requires. We all know Congress will say any, thing, if it doesn't have to pay for it. And there's no consolation in the quirk that, through previous Supreme Court decisions, these cases will have to be heard In state, rather than federal, courts. State judges can be just as pro - e ffigate and uncomprehending of public O finance as Supreme Court Justice Brennan himself, who wrote the Thi. boutot opinion. ' o My mayor or governor will con. firm how little we exaggerate the problem. Congress wrote amendments in VMS to outlaw discrimination against the handicapped. The most dramatic result has been suits by the "mobility disabled" to obtain full ac. cess to federally financed mals tran- sit. Self-appointed advocates for this group are insisting on staggering capl- tal outlays for elevators, redesigned subway stations, "kneeling buses" and the like, and spurning the cities' cheaper and more sensible offer to call them taxis and pay the fares. Justice Powell, in a long and vigor- ous dissent, warns that "literally hundreds" of laws may be affected. He cites, for example, legislation on migrant labor, noxious weeds, scenic trails and anadromous fisheries. Fed. eral grants have even wider scope, it doesn't take much foresight to see how thoroughly trammeled and harassed state officials will be in their most routine duties and how vulnerable their budgets will be to court-ordered spending. The only gain in the Thiboutot deci. sion may be that It will force such a crisis In state and local finance that the current system will collapse. In cal officials may find that they simply can't afford to join federal programs. Grass-roots outcries may finally halt the congressional mandate swindle, In which special Interests win fine -sound. Ing legislative rights and lower levels Of govemment get the bill. Short of such a reaction (and we're not holding our breath), the Supreme Court has guamnleed an Incredible Intensifica. tion of the already masslve strains on federalism and state and local n. nonce. 13V9 MICROFILMED BY JORM MICR LAB CEDAR RAPIDS • OES MOINES 1 350 JORM MICROLAF3 City 01 Iowa C. i MEMORANDUM Date: July 11, 1980 To: City Manager and City Council From: Rosemary Vitosh, Director of Finance ll Re: Additional Funding Needs for Hickory Hill Shelter In 1976, the Campfire Girls contributed $1,200 to the City to be used for the construction of a shelter in Hickory Hill Park. CDBG funds amounting to $10,400 became available this spring. These two sources provided sufficient funding for Phase 1 of the shelter construction. Bids were taken in last month for Phase 1 as the CDBG funds had to be encumbered by June 30, 1980. Phase 2 will require additional funding of approximately $12,000 and will complete the construction of the shelter. General Revenue Sharing monies are available and could be allocated to fund Phase 2 of this 'project. Preliminary projections show monies left over from the FY80 General Revenue Sharing Budget will be as follows: Expenditure Budget Actual Available Balance Aid to Agencies, Council on Aging $19,800 $13,463 $ 6,337 Truck, Recycling Program 10,000 -- 10,000 Senior Center 45,560 3,605 41,955 Willow Creek Tennis Courts 30,000 -- 30,000 Total $88,292 The amount paid to Council on Aging was less than budgeted as the agency ceased operation during the fiscal year. The recycling truck was not purchased as the program was to be discontinued at year end. The FY80 Budget was prepared based upon the assumption that the Senior Center would be in operation in early 1980. The only expenditures for the Senior Center which have come from General Rvenue Sharing monies thus far has been for furniture/equipment storage and miscellaneous costs (printing, etc.) incurred in the selection of an elderly service agency for FY81. The budgeted amount for the Willow Creek Tennis Courts was for an equal local match for federal funding. The City has received notification that this project was not approved for the federal funding. It is anticipated that the Parks and Recreation Commission will be making a recommendation to Council on an alternative use for this budgeted amount. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES X35/ Since funds were available for Phase 1 of this project, it would be highly desirable to allocate the funds needed for Phase 2. My recommendation j would be to allocate available General Revenue Sharing funds for completion of this project. A final financial status report will be made to Council during August regarding any monies in the General Revenue Sharing fund or any other fund which are available for reallocation. bj/sp i i I i i I, MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES �� City o4 Iowa Ct ''r MEMORANDUM - DATE: July 11, 1980 TO: City Manager & City Council pp FROM: Rosemary Vitosh, Director of Finance \J RE: Funding for Auto Parking at Airport In FY78, the Airport received $84,749 from the DOT for the sale of right-of-way along Highway 218. On Attachment A, this shows up under Miscellaneous Revenue in FY78. In FY79 and FY80, Council did not allocate any subsidy to the Airport and it was assumed that the sale proceeds would be used for operations. This is shoo-in on Attachment A by the fact that ending fund balance in both FY79 and FY80 falls below the sales proceeds amount of $84,749. The FY80 Budget included a transfer of $15,000. This was a transfer Of funds to Capital Projects for the construction of an Auto Parking Area. Prior to the preparation of the FY81 Budget, Finance was informed that the sales proceeds were restricted to use for only capital improvements. It was decided that the sales proceeds should be set up in a separate fund and Footnote al on Attachment B shows that a capital improvement reserve was set up. Attachment B went to Council prior to the FY81 Budget discussion for the Aiport. At that meeting, Council was told that the Airport bud0. get toethe request fromFthe Airportofor additionaltnote P2 on fundinttofh$20, B refers This summary also showed the $15,000 for the Auto Parking Area 0o der capital outlay. When the final budget was prepared, the $15,000 for the Auto Parking Area was taken out of the operations FY80 Budget and transferred to the Capital Improvement Reserve for funding from the sales proceeds (Attachment C & D). This changed the deficit for FY80 to $17,218, which is shown on Attachment C as a Receipt/Transfer-In from the General Fund. Within the past two weeks Finance has been informed by the Airport Manager that the sales proceeds are restricted to aviation improvements only and an Auto Parking Area does not qualify for funding from the sales proceeds. However, discussions with the DOT indicate that a e made ofgaest tportionhofFthecsalesouldbproceedsoforlthepAutoaParkinghAreaPenditure There is no available funding in the FY80 Airport Operating Budget for the Auto Parking Area. And, if the sales proceeds cannot be used for this project, another funding source must be found. rasa MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES CLASSIFICATION BEGINNING BALANCE ENTERPRISE FUNDS AIRPORT FUND FUND SUMMARY ACTUAL ESTIMATE BUDGET FY 1978 FY 1979 FY 1980 94,707 $ 78,102 RECEIPTS: Property Taxes - Other Receipts: Licenses & Permits Fines & Forfeitures Charges for Services Intergovernmental Revenue __ -" Use of Money & Property Miscellaneous Revenue 18,822 18,500 44,502 105,921 13,145 2,800 Transfers: I Bond Transfers y Expense Transfers 582_ - Other Transfers __ TOTAL RECEIPTS$ i 125,325 $ 31,645* g 47,302 EXPENDITURES Persona Services $ -- $ 3,500 $ Commodities 7,218 10,140 12,650 Services & Charges 21,430 27,710 40 0 Capital Outlay 1,695 6,900 ,635 Debt Service -- Transfers 275 -- 15,000 TOTAL EXPENDITURES $ 30.618 $ q_ A.�rn* _ g 68,285 ,. ENDING BALANCE $ 94,7.07 $---ZR-"1L9 $ 57,119 *Reflects change in FY79 Budget 319 MICROFILMED BY ,i JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 1.3 I I 0 ET] Lig J�TTR«vV.so- Iowa City Airport Fund Suminar•y FY79 FY80 FY81 Beginning Balance $ 94,707 $ 15,4151 $ (32,318) Receipts i r Property Tax -- ICFS rent 15,552 15,552 0 ET] Lig J�TTR«vV.so- Iowa City Airport Fund Suminar•y FY79 FY80 FY81 Beginning Balance $ 94,707 $ 15,4151 $ (32,318) Receipts Property Tax -- ICFS rent 15,552 15,552 17,952 Flowage fee 4,351 2,800 2,800 Farm receipts 21,323 18,000 18,000 United hangar 4,800 Interest income 5,063 Highway Commission 2,400 2,400 McCraq Brothers 1,800 1,800 Other 934 Total Receipts $ 51,423 $ 40,552 $ 43,552 IEpendiLures Personal Services -- 10,000 25,500 Commodities 7,251 17,6502 15,350 Services 8 Charges 33,081 45,6352 77,240 Capital OuLIAy 571 15,000 6,400 local Lxpenditures $ 40,903 $ 88,285 $ 124,490 Ending Balance $105,227 $(32,318) .$(113,256) IBeginning balance reduced to reflect $84,749 for capital improvements and interest income of $5,063 mandated by Highway Commission 2Changed based on letters from ICAC requesting additional funding 3BacY, rent (Toomey) MICROFILMED BY JORM MICR�LAa CEDAR RAPIDS • 111 MOINES B FA CLASSIFICATION BEGINNING BALANCE i RECEIPTS: Property Taxes Other Receipt: Licenses & Permits Fines & Forfeitures Charges for Services Intergovernmental Revenue Use of Money & Property Miscellaneous Revenue Transfers: Bond Transfers Expense Transfers Other Transfers TOTAL RECEIPTS EXPENDITURES: Personal Services Commodities i Services & Charges Capital Outlay Debt Service Transfers TOTAL EXPENDITURES ENDING BALANCE R C ENTERPRISE FUND AIRPORT FUND OPERATIONS FUND SUMNE ACTUAL ESTIMATE BUDGET FY79 BUDGET FY81 S 94,706 $ 15,415* $ -- 5,063 - 46,360 40,552 43,552 17,318 76,192 r S 51,423S 57 g70 S 119.744 S 7, 251 S 10,000 $ 26,279 1, 17,650 14,525 33,081 45,635 571 73,540 -7 $ 40,903 5 _ 73,285 $ 119,144 $ 105,226 g S f yJ *The Airport fund was allocated into an operations fund and a Capital Improvement jl Reserve in FY80, . 190 135a MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES CLASSIFICATION BEGINNING BALANCE RECEIPTS: Property Taxes I Other Receipt: Licenses & Permits Fines & Forfeitures Cha rges for Services Intergovernmental Revenue Use of Money & Property v ""• Miscellaneous Revenue Transfers: Bond Transfers Expense Transfers Other Transfers i'TOTAL RECEIPTS EXPENDITURES: I UND W -WARY ACTUAL FY79 b -- I nwu I SL FUND AI,.. RT FUND CAPITAL IMPROVEMENTS RESERVI: ESTIMATE BUDGET FY80 FY81 $ 89,811* $ 74,661 - 6,750 7,000 6,750 $ 7,000 Personal Services Commodities _ Services & Charges i I Capital Outlay __ I Debt Service I Transfers 21,900 -- TOTAL EXPENDITURES $ $ 21,900 $ ENDING BALANCE $ -- $ 14,661 $ 81,661 -__ 1 I *The Airport Fund was allocated into an operations fund and a Capital Improvement f Reserve in FY80. 194 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES b City of lows C7,/ MEMORANDUM Date: July 11, 1980 To: City Council From: Fred Zehr, Iowa City Municipal Airport Commmission Re: Airport Terminal Parking Lot Bids have been received for the the Airport Terminal Parking Lot Improvements-FY81. The low bid was from L. L. Pelling Company, Inc. in the amount of $17,247.40. This is $2,247.40 over the budgeted $15,000. In my attempt to secure the additional monies it was discovered that the initial $15,000 was to come from the Airport Capital Improvements Fund ($84,000). Our contract with the State on the uses of this fund prohibits this type of construction. The problem now is that the bid from L. L. Pelling is only good for one more week and the airport now does not seem to have the fun thought they had for the project. ds they It was my understanding that this project had been funded in the FY80 budget from the general fund. Recently I was informed to the contrary. This parking lot is a much needed addition to the airport, currrently we have only 12 parking areas in front of the terminal building. areas arThelnewsparkingalot wouldeincreasevthe paorkpingkcapa ity toa28 cars Plus add a loading and unloading zone. Funds are available in the airport budget to cover the $17,247 project, but they would have to come from the $42,000 that was budgeted for matching funds on the Airport Master Plan Improvements Projects. It not being known when these projects will start due to the Federal funds being on hold awaiting congressional action, it is our request that we be allowed to used this matching funds money for our terminal parking lot project and when Federal monies become available for our runway repairs that Council then amend our budget to cover the costs incurred for the parking lot. Respectfully submitted, Fred W. Zehr Airport Manager cc: Neal Berlin tp5/4 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 135'3 City of Iowa CI j MEMORANDUM Date: July 8, 1980 To: City Manager and City Council From: Hugh Mose, Transit Manager V/IX Re: Supplemental SEATS Service by Better Cab Company During budget discussions in March the subject of supplemental SEATS service with Better Cab Company was never finally resolved. The last time it was discussed (on March 11) there was considerable interest on the part of the Council, but action was deferred. Additional information was provided several weeks ago. Currently, there is no money in the Transit budget to continue this program in FY81. In FY80 $3,600 was budgeted for this supplemental SEATS service. Prior to budget cutbacks the Transit Manager had recommended that this service be expanded slightly, and that $5,000 be budgeted for FY81. However, subsequent efforts to cut back our budget led us to reluctantly delete this entire program. If City finances permit, the Transit Manager strongly recommends that this program be restored, at least to its FY80 level of $3,600 per year. Attached please find a memo from John Lundell, JCRPC Transportation Planner, documenting the performance of the Better Cab Company in this program. Service was suspended effective July 1 pending a decision by City Council. If the City Council has any interest in funding a small program that benefits a substantial number of people who need the service, this is the opportunity. There is perhaps no other subsidized transportation program that requires so little "red tape" to carry out its mission. The minimal administrative costs are shared by Iowa City Transit and Johnson County SEATS; virtually all of the program cost goes directly into the provision of transportation service. bdw1/7 Enclosure MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1,3yl johnson county regional planning commission duougLesneei. c"vOcity .'cwo 52240 (319)351.8556 June 19, 1980 TO: Neal Berlin Herber M Jordon r❑.nr.,.,,, Barry Hokonson Lca;r,rrn; p,��y i FROM: John Lundell ( - RE: City of Iowa City's Contract with A Better Cab Company As you are probably aware, the City's current service contract with A Better Cab Company for transportation of elderly and handicap expire June 30, 1980. ped residents will It seems that as of now the City Council has not appropriated funds for renewal of the contract. I feel that this is an extremely worthwhile and cost effective service which warrants continuance. In order to aid the City Council in their decision whether or not to renew the contract, I have obtained the following statistics illustrating the past performance by the cab company. FOR 711E PERIOD JUNE 15, 1979 to FEBRUARY 15, 1980: (eight months) Total cost to City: $2,435.60 Average cost per month: 304.50 Total number of trips: 917 Average trips per month: 115 Average cost per trip: $2.66 Average length of trip: 2.5 miles Since these statistics were compliled, A Better Cab Company have raised their rates. Using the same average trip length the Company could provide an average of 92 trips per month if the same maximum cost to the City remains at $300 per month. I hope this information will be helpful in informing the Council of the need to renew this contract. As always, feel free to call me if you desire further information or have any questions. Thank you. Cc: Hugh Mose Don Schaefer MICROFILMED BY JORM MICR+LAB i CEDAR RAPIDS • DES MOINES r Date: July 10, 1980 Tos City Council From: Jane Jakobsen a' 0persiojn&',Planning G Zoning Commission Re: Foster Road This memorandum is written to provide the Council with the concerns of the Planning b Zoning Commission in regard to the memorandum sent by Don Schmeiser on May 1, 1980, Collector Streets on Comprehensive Plan The Commission has a concern that if collector streets are shown only in areas where detailed development plans have been completed, that there will be development in areas that require collector streets, but the neighbor- hood will not be aware that this type of street is contemplated, The Commission feels that a great deal of consistency will be lost by this approach. The Commission, also, feels that streets without drives to every lot are needed in developing areas to serve the streets that branch from it. Developing areas need to provide for traffic from east to west as well as -from north to south. These streets should be designated on the Comprehensive Plan in all neighborhoods. i Planning & Zoning CommissionIs Response to Question 5 5. Who would be served by an arterial street connecting Dubuque Street and Prairie du Chien Road? The fact that Kimball Road carries 3000 cars a day is evidence that there is a need for a street connecting Dubuque Street and Prairie du Chien Road. This also would be evidence against the statement in the memo, Ij "Interstate 80 already serves as a north side arterial connecting Duguque and Dodge Streets." The Commission ihas not seen any hard data to support this last statement. Furthermore, it has been pointed out 1. That persons living east of Dubuque and going to ACT or Westinghouse would not go west to use I-80; 2. That persons living inorth of I-80 on Prairie du Chien Road would not use the Interstate to get to either Dubuque or Dodge; and 3. That persons living east of Prairie du Chien would go through neighborhoods rather than use the Interstate. Conclusion The Commission feels that the present Comprehensive Plan is consistent by showing arterial streets, both proposed and existing; and that Foster Road should continue to be designated an arterial street. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES City of Iowa CLIP, MEMORANDUM Date: May 1, 1980 To: City Counci From: Don Schmeis Acting Program Deve opment Re: Foster Road Director, Department of Planning and This memorandum provides information and answers questions related to the discussion of Foster Road at the Council meeting of April 14, 1980 and the Public Hearing of April 15, 1980. Property Ow_ nership Attached to this memorandum is a map of property ownership and existing subdivisions on the north side and a detailed map of property ownership in the vicinity of the proposed intersection of Foster Road and Prairie du Chien Road. Collector Streets on Com rehensive Plan Ma The Comprehensive Plan Map designates both existing and proposed future arterial streets for Iowa City. Collector streets, however, are not designated in developing areas nor differentiated from local streets in existing neighborhoods. Staff recommends that collector streets be shown -- through Comprehensive Plan amendments -- in areas where detailed development plans (Area Studies) have been done. Answers to Questions Posed by Mr. Sueppel 1• What does the City require of subdivisions based on the "dotted line" (for a future arterial street) on the Comprehensive Plan Map? According to Section 409.14 of the Code of Iowa, "plats shall be examined by... City Council and City Plan Commission...wits a view to ascertaining [that City ... not ... interfere with the carrying out of the Comprehensive City Plan.,," The City's Subdivision Regulations state that "subdivisions shall make provisions for continuation and extension of arterial and collector streets." (Code of Ordinances Section 32-54(b).) Also "arterial and collector streets through to the boundaries In a subdivision should extend thereof." (Code of Ordinances, Section 32- 54(a)(11).) 2. Who is going to develop the segments of Foster Road that will not be part of future subdivisions? MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 134/1 i 1 I I I i City of Iowa CLIP, MEMORANDUM Date: May 1, 1980 To: City Counci From: Don Schmeis Acting Program Deve opment Re: Foster Road Director, Department of Planning and This memorandum provides information and answers questions related to the discussion of Foster Road at the Council meeting of April 14, 1980 and the Public Hearing of April 15, 1980. Property Ow_ nership Attached to this memorandum is a map of property ownership and existing subdivisions on the north side and a detailed map of property ownership in the vicinity of the proposed intersection of Foster Road and Prairie du Chien Road. Collector Streets on Com rehensive Plan Ma The Comprehensive Plan Map designates both existing and proposed future arterial streets for Iowa City. Collector streets, however, are not designated in developing areas nor differentiated from local streets in existing neighborhoods. Staff recommends that collector streets be shown -- through Comprehensive Plan amendments -- in areas where detailed development plans (Area Studies) have been done. Answers to Questions Posed by Mr. Sueppel 1• What does the City require of subdivisions based on the "dotted line" (for a future arterial street) on the Comprehensive Plan Map? According to Section 409.14 of the Code of Iowa, "plats shall be examined by... City Council and City Plan Commission...wits a view to ascertaining [that City ... not ... interfere with the carrying out of the Comprehensive City Plan.,," The City's Subdivision Regulations state that "subdivisions shall make provisions for continuation and extension of arterial and collector streets." (Code of Ordinances Section 32-54(b).) Also "arterial and collector streets through to the boundaries In a subdivision should extend thereof." (Code of Ordinances, Section 32- 54(a)(11).) 2. Who is going to develop the segments of Foster Road that will not be part of future subdivisions? MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 134/1 2 The segments of Foster Road that are not constructed as part of future subdivisions will have to be built and paid for by the City. In its memorandum to Council dated March 14, 1980, the Department of Planning and Program Development indicated that constructing Foster Road as Council has recently discussed (i.e., as a continuous collector with a "jog" at Prairie du Chien Road -- alternative #2 from the March 14 memo) would cost the City an estimated $444,125 for new segments (i.e. connecting new subdivisions with existing streets) and $294,000 for improvements to existing streets. 3. Could the City deny a building permit for a house, ,garage, or barn that would be constructed in the path of the Comprehensive Plan Map's "dotted line"? An application for a building permit which meets the requirements of the Zoning Ordinance and Subdivision Regulations cannot be denied on the basis of a future street shown on the Comprehensive Plan Map. 4. How is the area going to develop? Exactly where will the major streets be located? The Department of Planning and Program Development will be preparing a detailed development plan for the north side area surrounding the Foster Road corridor. This study will produce an explicit Collector Street Plan, which will be proposed as an amendment to the Iowa City Comprehensive Plan. 5. Who would be served by an arterial street connecting Dubuque Street and Prairie du Chien Road? bj/sp Staff had indicated in the report, Corridor Analysis: Foster Road and First Avenue Extended and in the March 14, 1980 memo to Council that Interstate 80 already serves as a north side arterial connecting Dubuque and Dodge Streets. Foster Road will primarily serve present and future residents within the immediate corridor, and a collector street seems adequate for this purpose. MICROFILMED BY DORM MIC R�LAB CEDAR RAPIDS • DES MOINES 1356 ro Yl.l Grr � ' SFOC6WCDC D PQospeCT L-hAjb Co. O \ N 1� �IOOO�AMNIC. PROPERTY OWNERSHIP & SUBDIVISIONS e. MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES W -u) . Z. �x6y„T. :Y Ohl<CS SEy, FeE� Quvvew - CI YIIC.r LL aEyt. / L FI< WJ 14� i - Gh-rr_a3s wAhL A } i G/JT cs J S vleKEus y 3 WOODS � I �' +•d C.ON CD Q - _ anrn:• � � � •'�L6CIi.H45K� x.oc. O 6nLL LIEeL.$ r�r�. ro Yl.l Grr � ' SFOC6WCDC D PQospeCT L-hAjb Co. O \ N 1� �IOOO�AMNIC. PROPERTY OWNERSHIP & SUBDIVISIONS e. MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS • DES MOINES W -u) . Z. �x6y„T. :Y Ohl<CS SEy, FeE� Quvvew - CI YIIC.r LL aEyt. / L FI< WJ 14� i - Gh-rr_a3s wAhL A } i G/JT cs J S vleKEus y 3 WOODS � I it-_Ikr�nN -bNT..: VA4J 6F9-1E.N N asora r W0ODBU2NS -_ IA/ LLL GhS •Q. OAK ES i c�ONT: T"hDE�I wcKwoo� .UAFE2S � �• P14- (mc. 14- Itic. y� 13s MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES o VIRG El 1" :20935b -i i it-_Ikr�nN -bNT..: VA4J 6F9-1E.N N asora r W0ODBU2NS -_ IA/ LLL GhS •Q. OAK ES i c�ONT: T"hDE�I wcKwoo� .UAFE2S � �• P14- (mc. 14- Itic. y� 13s MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES o VIRG El 1" :20935b I CNTj Ok o®Wa Ckv, DATE: July 1, 1980 TO: Robert Vever , itl�yCouncilmember FROM: John Flay CitAt►torney RE: Urban'Re 1 Conflict of Interest Question FACTS This memorandum is in response to a request from Bob Vevera for a legal opinion as to whether or not he would be precluded by conflict of interest laws from bidding on the masonry work in connection with a contract to build certain leasehold improvements for Osco Drug Company in the new downtown shopping mall. The facts as I understand them are as follows. Osco Drug Company has entered into a lease with Old Capitol Center Partners by which Osco Drug Company rents certain space in the new downtown shopping mall. Under the provisions of the lease leasehold improvements are the property of the lessee, in this case Osco Drug Company, and are not the property of the lessor, Old Capitol. Further, the lessor has already provided and will have constructed the building shell including exterior walls, ceiling except for dropped ceiling, support pillars, and concrete flooring. Lessee is responsible for providing interior partitioning, dropped ceilings, lighting, decorative improvements, and miscellaneous tenant fixtures. The City's contract with Old Capitol calls for Old Capitol to construct the basic building structure by a certain completion date. The City's contract does not make any provision for leasehold improvements or interior con- struction and thus the completion by Osco Drug Company of its improvements would be immaterial to the City ins6far as performance by Old Capitol of its contract with the City. The City has no contract direct or indirect with Osco Drug Company nor is any intended. At the time the City entered into its contract with Old Capitol there was no under- standing or agreement that Osco Drug Company would become one of the tenants of the shopping mall and further there was no condition express or implied that Old Capitol would lease to Osco Drug Company as a condition of the City --Old Capitol contract. QUESTION PRESENTED Does Mr. Vevera have a conflict of interest if he or his masonry contracting firm contracts with Osco Drug Company or subcontracts with a contractor having a contract MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS . DES MOINES 1357 Robert Vevera - 2 - July 1, 1980 with Osco Drug Company to construct certain leasehold improvements in the shopping mall. CONCLUSION i Based upon the facts as set out above I do not believe that Mr. Vevera would have a conflict of interest in this matter and I believe that he and his company can bid on this job. I j DISCUSSION In September of 1977 Assistant City Attorney Robert Bowlin prepared an extensively researched memorandum con- cerning potential conflicts of interest in connection with urban renewal redevelopment. This memorandum centered around Max Selzer and Selzer Construction Company. A copy of that memorandum is attached for reference purposes. I believe that there are several important distinctions between the work proposed by Selzer Construction Company which this office found to be prohibited by law and the work proposed by Mr. Vevera. Selzer Construction Company would have had a contract or subcontract on a job or work which the City had contracted to have built through the terms of its redevelopment contract with the developer. Bence Selzer would have had at least an indirect interest in the urban renewal project work which included the construction of certain buildings in downtown Iowa City, hence Mr. BOWlin's concern about a violation of Section 403.16 of the Code of Iowa in connection with such contracts. On the other hand, Mr. Vevera would have no contract with the urban renewal redeveloper or anyone having any type of construction contract with the urban renewal redeveloper. Mr. Vevera's contract would be with a contractor for or directly with the lessee of space in the shopping mall. That lessee would have a contractual relationship with Old Capitol, which contractual relationship would essentiallyonly be to the effect that the lessee would pay rent for the space leased. Under the above circumstances I do not believe that l.he type of contract proposed by Mr. Vevera would be prohibiI:erl by Section 403.16 of the Code of Iowa or by the City's close- out agreement with the United States Department of llousi.ng and Urban Development, which agreement is discussed by Mr. Bowlin in his memorandum. cc: City Council Roger Scholten Larry Chiat /3.07 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES i DAM September 6, 1977 TO: John Hayek, City Attorney FROM: Bob Bowlin, Asst. City Attorney RE: Conflict of Interest: COuncilmeMber Subcontracting for Urban Renewal Developer FACTS This memorandum is a response to your request for an opinion dated July 8, 1977. Mr. Max Selzer is an Iowa City Councilman and local general contractor. Mr. Selzer has asked for an opinion ocnoerning whether or not there could be any conflict of interest for Selzer Construction Company, of which he is a principal, to do construction work on the private redevelop- ment of land sold through the Urban Renewal process. The City has purchased the urban renewal property frau the local public agency, and is now the owner of the property, QUESTION PRESENTED Does Mr. Selzer have a conflict of interest if he is a councilmamber Participating in the appointment of redevelopers, and later beanies a subcontractor for an urban renewal redeveloper? CONCLUSION Based upon the terms of the City's contract with HUD for Commmity Development Block Grant funds, Mr. Selzer can not, while a councilmember or for one year thereafter, have any interest in any contract or sub- contract related to the urban renewal project. DISCUSSION Both at canron law and under statutory provisions, municipal contracts in which officers or employees of the City have a personal pecuniary inter- est are void. The rule rests on public policy and pertinent statutes are merely declaratory of the common law and of public policy. 63 C.J.S., Section 988. Generally, where a municipal contract is void because of the personal pecuniary interest of an officer therein, no action may be maintained thereon; nor may the contractor recover on quantum meruit; and money paid out because of the purported contract may be recovered back. Also, the contract may be cancelled by a court of equity. Id. The State of Iowa has specific statutory authority concerning con- flicts of interest for CounciLmmbers. I have set out the pertinent sta- tutory sections as Appendix A to this memorandum. Those statutory sections are 362.5, 362.6 and 903.16, 1977 Code of Iowa. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES In addition, I set out for reference the following contractual provision from the contract between the City of Iowa City, Iowa, acting as local public agency, and the United States Department of Housing and Urban Development, Loan and Capitol Grant Contract, Part 2, Terms and Conditions, Section 704. This contract is dated September 2, 1970. The provisions of Section 704 of this contract are found in Appendix B. Attached as Lxhibit C is Section 801 of Part 2 of Proposed Contracts for the Sale of Land for Private Redevelopment Between Redevelopers and the City Of Iowa City. It should be noted that the terms of said Section 801 incor- porate by reference Chapter 403, 1977 Code of Iowa. In conversations with Paul Glaves, it appears to be the City's intent to close out its September 2, 1970, contract with HUD on December 13,'1977. Up until the elate that that contract is closed out, all the provisions of that contract would apply. Therefore, I conclude that Section 704 of the contract dated September 2, 1970, will apply during the time that the City is desig- nating redevelopers for the various parcels. After the closeout of that con- tract, the only provisions that would apply to the City would be those speci- fically mentioned in HUD regulations and in the closeout agreement with HUD. Of course, Chapter 403, 1977 Code of Iowa, will continue to apply to all phases of the urban renewal project. I. This brings us to the heart of the matter. According to 63 C.J.S., Section 991 (a), an officer's contract for the sale of materials to the con- tractor entered into after the making of the principal contract does not invali- date the principal contract in the absence of any understanding or agrennnnt at the time the principal contract was made that the officer should have Ulm con- tract for the furnishing of the m-iteria.ls. People V. Southern Suruty. Cumin7ny, 199 Michigan 30, 165 N.W. 769. At 165 N.W. at page 7 0, the Mie gam cart uses the following language: The court found as a matter of fact that prior to the making of the contracts between Jansma (the contractor) , and the City there was no talk, agreement, contract, or und-r_tandi.na between plaintiff and Jansma to the effect that defendant Jansma would purchase any material from the plaintiff for such improvements . . Broadly stated and carried to its logical conclusion, the position of de- fendant is: that an alderman is prohibited by the charter provision (similar to 403.16) under consideration from sustaining any business relations whatever with any person who has a contract with the municipality of which he is an officer. We are of the opinion that it was not the legisla- tive intent to carry the inhibition so far (emphasis supplied) The court went on to state that it found no direct or indirect interest in this arrangement. Similarly, the case of Henschen v. Board of School Inspectors, 2G7 11.1. Apo. 269 (1932), involved the purchase of materials from a t ouncilm rix1r. At page 310, the Court stated: The mere fact that in due course of business, after the contracts had been let, Swenson & Bippus (contractors with the city) saw fit to become customers of Adam Groth and Company (a business corporation of which a councilmember was a stockholder), raises no basis for fraud and in fact MICROFILFIED BY JORM MICR+LAa CEDAR RAPIDS • DES MOINES i3S7 F no fraud is claimed and this incident alone, as is clear from the cases above cited, would not be sufficient to act retroactively on the validity of the original contract. If the contract at its inception was bona fide and legal and no understanding was had or entered into between the contractors and appellees (Adam Groth and Corrpany) whereby contractors were found to purchase their material and cut stone from appellees, then no act of the contractors could render the contract . . . void . . . . In dicta, at page 311, the Court indicated that the rule would apply not only to material or supplies, but also might generally apply to doing business with a person, firm or corporation, any member of which might be a public officer. There appears to be some authority in Iowa for related propositions. In Security National Bank v. Bagley, 202 Iowa 701 (1926), the Supreme Court of Iowa was faced with a contract between a local school board and a business corporation known as Thrift, Inc. As part of that contract, Thrift, Inc. was to carry its accounts with a local bank. Thrift, Inc. chose to carry its accounts with the First National Bank, of which bank an officer was also a school board member. The Court stated that there was no hint of taint to the original contract between the school board and Thrift, Inc. At page 709, the Court stated: The fact that Thrift, Inc., made a contract with the First National Bank after such authorization had been granted by the board did not operate retroactively, and render invalid and illegal the action of Bagley, as a wxd)er of the Board of Directors, in voting for the resolution. 'There is no claim or proof of fraud, conspiracy, or connivance at this point. Likewise, in 1911, the Attorney General of Iowa was asked the question whether or not a member of the city council may lawfully work for and draw pay from another who has a contract with the city. The conclusion of the Attorney General was as follows: [fence, I am of the opinion that if the city's contract with the contractor was fairly made and there was no collusion between the members of the council to award him the contract in consideration of his employ- ing wzbers of the council, the contractor should not be deprived of the right to employ a councilman to do work on said contract. O.A.G., page 296, 1911-1912. In case of Kruger v. Ramsey, 188 Ioawa 861 (1920), is also instructive. In Kruger, the Court was faced with a situation where the record disclosed that prior to any action being taken by a city council upon the vacation of a road, a councilor, n ber, one Ramsey, had entered into an oral understanding with the town that, if they would vacate this marl and turn it back. U) him, he would turn over another road to the county. Ramsey agrerA to Lhis, and thereafter action was taken to vacate the road. The Supresce Court of Jcwa voided the vacation of the first road. At 188 Iowa at 868, the Court held 15e7 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES that the purpose of the statute in question (now codified as 362.5, 1977 Cede of Iowa) was to prevent councilmen, directly or indirectly, from making profit out of their relationship with the city. Such contracts were held to be void at co men law and the court refused to enforce the contract, as it had done earlier in the case of Bay v. Davidson, 133 Iowa 688, 690 (1907). Likewise, see McQuillen on Municipay Corporations, section 29.99 where the general rule is stated to be that "the fact that a contractor, to whom a public contract has been awarded in good faith, purchases materials and supplies from a firm in which city officers are interested is generally insufficient to vitiate the contract." McDui.11en cites, in addition to the Ilenschen case cited earlier, the case of O'Neill v. Auburn, 135 P. 1000. As a related item of interest, McQuillen states that the interest in question mutt be in exis- tence at the time of the award of the contract, citing Oakland v. California Construction Company, 15 Cal.2d 573, 104 P.2d 30. An Iowa case possibly contra the general rule is Wayman V. City of Cherokee, 204 Iowa 675, 215 N.W. 655 (1927). In Wa man, the Court was faced ha situation where a city council had a contract with the son of t to�cil- member for certain cement services. The father had leased equip i son for $500 per year with the expectation that the son would be paid out of the profits of the business. The lease pre -dated the contract. The Court said at 204 Iowa at 677-78: If the facts are as claimed by the appellant (son), then the interest of J. D. Wayman (father) was remote and incidental only and constituted no part of the contract in question. Nor can it, with nothing more, be said that J. D. Wayman was directly or indirectly interested in the contract . . . . It would seem that J. D. Wayman had an interest in the city contract with his son before the city contract was entered into. Therefore, it is hard for me to reconcile Waw with the other cases. I would advise caution in resting heavily on Wayman. Firstly, the district judge saw it the other way, but was reversed. Secondly, the amount involved is small, and the trans- action is within the family, which could mean that the court scrutinized it less closely. Thirdly, the facts recited, 204 Iowa at 676, suggest J. D. Wayman was not on the Council when he leased the equip ent to his son, so there was perhaps no design for the father to help the son profit from a city contract. , I have been told that a certain person who may be interested in bidding on urban renewal land may have made statements to the effect that he and Mr. Selzer have discussed the possibility that this man might be able to develop some urban renewal land. We now need to inquire as to how these cases impact upon the issue here in question. Frankly, it seems to me that these reputed converstions raise a question as to whether the designation of a redeveloper by the City for a 13,17 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Particular urbal, renewal parcel would be free of paint. The cases previously discussed are uniform in holding that subcontracts for materials with the City Counci]member are acceptable if the original contract is free of taint. However, if there was a prior agreement of some sort between Mr. Selzer and a potential redeveloper, then I believe a court could easily find that the original contract was not free of taint, and therefore void. See 362.5. Thore is no question In my mind that if Mr. Selzer ling an agroalnrlt wil}I n potential redeveloixr to the effect dial if the redoveloper becomes UIc designated redeveloper, he will have Mr. Selzer build his project, then there is an impermissable taint to the original contract. However, a more difficult situation arises where there is something less than actual ayreelent, For example, suppose that Mr. Selzer had worked with a redeveloper in the past and that when the redeveloper had a project, he sometimes, although not always, employed Mr. Selzer to build his project. et that situation, in my judgment, Mr. Selzer would be in a conflict of interest situation because he would have reasonable expectation that the redeveloper might use Mr. Selzer to build his project. With that temptation in front of him, it would be more difficult for him to do his public duty with regard to the appointment of the redeveloper. Suppose a more difficult fact situation. Suppose that prior to the designation of redevelopers, a potential redeveloper had contacted a councilman for help in analyzing the feasibility of a project, and the council- man had rendered such a service for a fee. It seems likely that if the project is feasible, then the redeveloper, if he obtains the designation, will use that councilman further since the councilman will be ahead of others in knowr- ibly influence the council - ledge of the project. Such a situation could possmans' vote on the question of who should be designated as the redeveloper. There may possibly be some evidence for persons wishing to challenge municipal developer designations. Beyond that, even if such a challenge were unsuccessful, there is the appearance of impropriety, and that is not what we need in this urban renewal project at this stage. It is very diffi- cult to prove the negative, and I believe it would be difficult for the City to prove that Mr. Selzer had no agreement with any potential redeveloper. At the very least, I believe there would be many citizens who would be skep- tical. My advice to Mr. Selzer is that he should not talk to any potential rede- veloper, except in the presence of the entire Council. If Mr. Selzer were to be in any situation where it might be said that an agreement was made between Mr. Selzer and a potential redeveloper, then I believe the designation of the redeveloper could be invalidated. In fairness to Mr. Selzer, it should be stressed that there is no evidence that Mr. Selzer has been involved in any wrongdoing of any kind. We need to be clear in our minds as to the purpose of the law in this area. Its purpose gees far beyond dealing with actual wrongdoings; the overwhelming majority of the reported cases do not involve actual wrongdoing. Rather, the purpose of the law is to prevent all of us from getting into situations where even a small temptation to dereliction of public duty is created. This mrinorandum should be understood in that spirit. Even Mr. Selzer may not be influenced by the prcported conversations, the Conflict of Interest Law does not turn on actual conflict, as we have said, but only on the mere possibility of conflict. 1367 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Your attend :: is 'i_.:. "_C. �o .__' casr. of Dt11ev v. City of Des Moines, 247 N.W.2d 187, 172 (19,1j,), .drra e .iie Supre;re Court of Iava had this to say: P1ainHff'c ... o;. ' he c;;;:!ei llimii ar's natives, alleg- ing tle L i.i.cci; .tact r::(n 5 tciudocl in the area to secure a va1LV)bL2 aI._•,r (or er�x incrcnr_.rrt fhhancing, is blunted by the "Lova indicated evidelice. Further, it is deflected by applicnble 1"0; ;;,,-,h.lin"l tut court does not ordinarily examine j the IloLi_vcs of ffiuso h-,jislative paver in a Ironer which is roL ;rx:ifesLly arbi ",Ly, capricious, or unreasonable. (With ciLaLi.ons.) t:o add the caveat - this rule may have no application ill " section 403.].66 siE_uarion (personal interest I in property included or planed to be included in an urban renewal pro;ecr.) , or where th-are is sorre other real nr f potential conflict of interest. Wilson V. Iava City, 165 N.W.2d Bill (Iona i.9u9) . Thus, we can see that while it .is the general rule that if the actions of a public body are not aanifestly rmreasonable, the court will not examine the motives of the menrt:lers of the public body, yet tare court added the possible exception of conflicts of interest within the purview of Section 403.16. Thus, it appears that the Suprerc: Court is hinting that it might closely scrutinize real or potential conflicts of interest, and I believe that if sane evidence could be adducLd to shav brat ,%kr. Selzer may have been in a conflict of inter- est situation in the designation of a redeveloper, the designation would be invalidated, and any contracts subsequent to the designation would therefore also be validated. Such an invalidation could set the urban renewal project back significantly, and would certainly taint- the whole project. Further, the acquisition of such an .interest would appear to be clearly prohibited by the terns of tine first sentence of 403.16, which provides, in substance, that no councilmember shall voluntarily acquire an interest in an urban renewal contract. To voluntarily acquire an interest in an urban renewal project- when one is a councilman is a violation and constitutes mis- conduct in Office. 403.16(7), There is also a question of the interplay between chapters 362 and 403 on the matter of whether a contractbet:veLn a city and another party, when a councilman holds an interest in the other party, is void. Section 403.18 provides as follows: Insofar as the provisions of this; chapter m-iy be incon- sistent: whin t;e provi:;ion of any other law, tie provi- sions of this chapter shallhe controlling. The powers conferred by tris chapter shall M! in addition and supplemental to the powers conferrer] by any other law. There is the possible question of whether the provisions of section 362.5 would void a contract in which a counciLmrrber had an impermissible interest•. It does appear that lx-jur sections 362.6 and 403.16(7) provide that the vote of a councilman who is affected by a conflict of interest shall not be invalid by reason of a vote violative of statutory standards unless such vote or votes 1 were decisive in the passage of such ordinance or resolution. however, I do not believe it was the legislative intent to provide a loner standard in urban renewal projects than ';.ould oLherwise exist for general municipal affairs under 362.5, and therefore I conclude that a contract entered into in which a council- nerrber had a conflict of interest would be void. In tris regard, see Wilson v. Iowa City, 165 N.W.2d 8]3, £12.2-823 (1969). 13511 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Iopinion I hellevo it „ciisc.�ss �.�ith,� conver- sations that he ma.; iuiin referred t Searlier,elzer yandnlver- elieere has been any sure rent or an i;i;r_i LOLI,een tee two of them, then I believe hlr. Selzer si.o.,k: Cc, n.sr l di:,L he should refrain from any official action, or even a r; s� t c Lo the designation of a redeveloper for that parcel. A15o:: , , 1 „I. .t advisable that hlr. Selzer refrain from taking part in any decisio „s as co uho should to designated redeveloper for any parcel on which that rcdaveloper, is bidding. The purpose of such adviLe isprophyl,ictic, L:aC is aeon ,,:; • ,may suspicion or taint that might j exist or that might reasonably to thouuht to exist. II. This brings us to thu second major t.arL of this mrrorandum, which part I involves the assesscmnt of [ S•elier's role in accepting the work of a redevel- oper, if Mr. Selzer were the designated redeveloper's contractor. In this sec- tion, I will ass,;nr than, is r:r; taint to the original designation of a raleveloper by tate ;.iLy, rmli any cnnlr,xt:; s,hsequent thereto. The leading case f in this area algears to l:c, ,J 1111:,:; v. City of. Ifmnhurq, .174 Iowa 301 (1916). In Janos, the City had acontract- with Ma"'Ln to construct a certain project. There was no suggestion in the case of any prior arrangement or agreement between Mr. Baldwin, a nrsitixr of the city council, and also an officer in a local bank, and Mo+]a en. After the contract was signed, Mohaken borrowed money from the bank of which Baldwin was an officer. McMaken gave an assigrinent to the bank of its rights from rhe city. Subsequent to this assignment, MdAaken obtained materials from one Jamas, and gave a second assignment to James. Later, after the work had beer, accepted by the city, James brought suit against the city to force the city to psy him his due under his assigrumnt from McMaken. The bank intervem,ed, asking that the City pay the bank. The Supreme Court held that the bank undertook to finance the Ileal from Ma%laken and to furnish them with money for the cons trucLion. Further, the Court held that the )),ink was, therefore, interested in sc_iny tl:aL LLL work was performed, and the certificates were earned. 174 Iowa at 309. Because of the councilman's interest in the bank, Mc aken'S assignment to the bank was held void, Auld the court held i,r favor of the material supplier, James. in That find hinuhlflis so persuasivelto my mind that I have reproduced a substantial rortion of it below. 17me citation i from 174 Iowa 309-31.0: This assiyi„n,nL was L..0 en from the construcL-ion companyby Baldwin for the use and in the interest of the bank. The bank undertook to finance the deal for Mdlaken & Sons Ccmmany; to furnish t.tiun money for the construction and work. The bank was, therefore, interested in seeing that the work was 1>'_,rfoii»ed and dial the certificates were earned. Before the certificates could be issued, the work. Of ItVaken & Sons Conr,any had to be approved and accepted by the city. "'I"L ;:k, el fore, and Baldwin were interested in having th,-' city approve and accept the work,, The money iadvanced by there and covered by the assignment could only be recovered from the city when the work was approved and MICROFILMED BY JORM MICR+LAEi CEDAR RAPIDS • DES MOINES A 1357 I accehb_I .y ;. a ur..�r of the e.icy council. it .;:a ;S ,IL;;•t „11,1 duly, in the interests of the city, to see Lhat the .w k was ccampleted in accordance with the terms of the contract before acceptance. fie was therefore, ci; rged :;ith Loa r.iuty of protecting the rights of the city as ayainsL any dereliction on the part of McMaken & Sons Con,any. ile was financially interested in having the work accepted. UP011 approval and acceptance by the city depended his right to Ene t.unds in the hands of the city, the result of the!'ckLticOr::raCt• Ile was called upon to Serve tvo nusc,?rs; one, with which his interest financially was bound up; the oUler, in Vhli.ch was involved his public duly as zum officer of Uie city. lie was bound, therefore, to serve both Ea.ithfully--Um bLak of which he was an officer and in .-ihich he, was financially interested, and the city, iof which ite was a1SO an officer and servant. It is an old saying Lhat a nrrn !11!:oL S-2rvc Lz,o rasters, but we think the case here is even stronger Utiui that. ]!e was called upon practically to serve himself in a transaction in which his i duty called him to serve another. These interests might be antagonistic. lie nd.ght be called upon to say which he would serve --himself or the one to which he Owed a public duty" If the contract had not been performed by the construction company as required by its contract, and was presented to the city in an wif.inished condition, or in a condition not in compliance with the contract, a temptation would be offered to the intervener, represented by Baldwin, to dis- regard his public duty, and yield to the temptation of per- aona.l .interest. It is Umis that the law guards againsL•. It Ili I:hi.s nor.L of a condition that tiro law is Intended to avoid, 7L is not necessary LhnL 1:1lcre bo evidonce of dereliction of iduty on Uie parL of a public officer to bring these con- tracts within the inhibition of the law. The inhibition applies when the contract is of such a character that, in the vert Contract and In Ure making of it, a temptation to dereliction of duty is created. The law intends that these public officers should, like Caesar's wife, be above suspi- cion and temptation. The one difference felween Chi:; case and the Jauns case is that if Mr. Selzer were the chosen contractor for the des•ic7abed rcclevejopor, yoL Mr. Selzer may have no direct entiL-lenent to funds from the City; in James, the bank had an assignment from McI" ken and so there was created a direct legal link between the City and the bank. But in my mind, given the obvious prophylactic purpose of 403.16, .7 do not believe that the Supreme Court of Iowa would draw a distinction fytween the James case, where a direct legal. link existed, and the case we might have here, where no legal link exists, but where Mr. Selzer would fairly be said to have a real or potential interest in approving the work clone by a rrwlrtvaloper. Even If we assume a financial txansd('Hon w1lere Mr. Selzer. Juts jxrn pair], there could be oUmer nonpecuniary considerations involved with voting on accepting the work, that might tenet him with a choice between public duly 1 and private interest. We should not forget that C.J.S. cites Wilson as authority for the proposition that an interest need not be pecuniary to be IV7 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES u6joctionable. G3 C,J.S., fc��x,Co 14 (supe). Counc.ilm�n Efickerson's interest was not poeruriar� i ut he was discp�mzlified Previously cited lan, Also, tile in Ri]lt•y, 2;7 Di.1Y.2d at 192, acids further power to the notion that an Za;,a LOLL L' would scrutinize a potential conflict not amounting to a direct. lega'- IinP;. '1'o L,e sure, Uic facl:, iu nn, c,c,e wcnlld Ixiuyxa'CanL, but f Iwlieve Ilial. a ';LlbContrncLor rnulcl L:.: in a ronfLi,a or inLeresL with h.i:: role of nhlnnviny h.in cnwn work. AL IJrc I„ast !:^ irordd n•I rain Oran Ix-13sing on his own work. But if tic could be said to h,.tve aaiui.rLA aw inl(,rest, then he has crossed over into forbiddcn territor,,, IIZ. I have recently rcvie;n•f ;, )covision in the agreement signed by the City N,irmnger when the Ci.Ly ac(:upLcxl the two million dollars of Crxnnunity Development Block Grant fund:; last yc,aC• [n accepting this money from IIUD, the City M-rnager was rcrlui.rc•ri to n�prrr• CinL I.he Grantee, City of 101WA City, would eoipLy with the Lorin nal co;li 1. ions or Lhr agrce'reni: (a parngraph of which is reproduced bLlcaw) , 'rile e iC r,_ agreeJmnt is attached to this meJco- randum as exhibit D. The text of the section of the Agreement relating to the interest of officers of a local governing body reads as follows: No member, officer, or em.)loyee of die Grantee, or its designees or agents, no member of the governing body Of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or respx3ns.ibilities with respect to Ule program during his tenure or for one year thorcafter, n11n1.1 havo an .interest, direct. or indirect, ill any contract or :;uhconLracL, nr Lhe I n o',) •i •cl:; I h •roof, ror work to Ir Irr- Fonivil in cxnaiocl.ion wi(I' (I'('I,orpnni rin:;inL,rl undr'r Lho Agrocircum. it. 'Ilia GranLce ,;11,111 incorlorciLo, or c:au:;e to Ix: incorporated, in all such conLracl-s or subcontracts a pro- vision prohibiting such interest pursuant to the purposes Of this section. In my judgment, this language is dispositive of the question before us. The section, in essence, says that a councilmember who exercises any functions or responsibilities with respect to the program (presumably the urban renewal Program here since we are paying for the program with Conrnurlity Development Block Grant funds), during his tenure or for one year thereafter, shall have any interest direct or indirect in any contract- or scd,coact, ntror the pro- ceeds thereof, for work to lr_ perforMed in connection wiTth the program assisted under this agreement. Basically, this provision means that Mr. Selzer could not be a subcontractor to any designated redeveloper during his tenure on the Council or for one year from the time he leaves the Council. The above quoted language would also have to be incorporated into any contract that Mr. Selzer might sign with a designated redeveloper. In my jusgment, this means that if pir. Selzer, acting through SfO.zor Construction CORDany, has any desire to Le a contractor to a designaLed rrrin- veloper for the Tcwa City Urban irnewal programa, and given Uu: dr,vr.:lupnrull: time schedule that we are probably facing, that he should iunrdiaU;l.y r,:ni In his seat as a CounciLmlNer and that he would to free, one year after nuc:h resignation, to be a oontractor or subcontractor for a designated redevoloper. I 13s'� MICROFILMED OY JORM MICR¢LAB CEDAR RAPIDS a DES MOINES � 7 I i I I I r, i i" i i i I n It is mY further recorrondstion Bial- you, John, should sit down imred- iately with Mr. Selzer to discuss this nororandum with him and that he should be advised that he will have to make some very difficult choices. Bob Bowlin City of Iowa Cit"l �- MEMORANDUM F� DAfl1 July 11, 1980 TO: Mayor and Members of the City Council FROM: Roger Scholten, Assistant City AttorneylY n</ RE: Update on Scott Boulevard Improvement Project The first phase of the Scott Boulevard Improvement Project requires the acquisition of 15 different parcels and numerous easements divided among 10 property owners. Although nine of the affected property owners agreed to give the City the necessary land, the 10th property owner (Fouchek) was not cooperative. However, Iowa City Development, which has a long-term contract with the Foucheks for the purchase of the property, agreed to purchase the necessary property along Scott Boulevard. Iowa City Development would then convey the required right-of-way to the City. Iowa City Develop- ment has not yet completed the necessary transactions to be in a position to convey the property to the City. I have been assured that these matters will be completed as soon as possible. The acquisition of the other properties is continuing smoothly and is at the top of the priority list of the Legal Department. However, bidding procedures for the project cannot begin until all of the right-of-way is obtained. It is anticipated that the schedule presented by the City Engineer in the last packet will be met. If you have any further questions, please contact me. RKS/ej MICROFILMED BY DORM MICR+LA9 CEDAR RAPIDS • DES MOINES �35f i CITY OF IOWA CITY CIVIC CENTER 410 E. WASHINGTON ST. IOWA CITY IOWA 52240 (319) 354.180 I i June 26, 1980 I Neal Berlin, City Manager City of Iowa City Civic Center 410 E. Washington Street Iowa City, Iowa 52240 Dear Neal: Enclosed is a copy of the "Proposed Iowa River Corridor Buffer and Trail System" report compiled by Kathy Campbell and Marianne Milkman. The distribution of this report completes the study funded in part by the City of Coralville, the City of Iowa City, and the Johnson County Board of Supervisors. It is the hope of the Commission that this document will be an informative and helpful one and that the recommendations outlined will be considered for adoption by the respective governmental agencies. The Riverfront Commission believes that it is in the best interest of the citizens of Johnson County to protect and enhance the quality of the Iowa River through the sound management of activities directly affecting the river environment. The proposed buffer and trail system is a step toward utilizing the recreational and environmental qualities of the river corridor while recognizing the special character of the area. Your comments on the content of the report and the feasibility of the proposals are welcomed by the Commission and the City staff, either by writing or phoning, Karin Franklin, Department of Planning and Program Development, 354-1800, Ext. 312. In addition, members of the Commission would be happy to arrange a meeting with you to discuss the proposed system, if you so desire. Sincerely, 9 Bill Gilpin, Chairman Iowa City Riverfront Commission MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES PROPOSED IOWA RIVER CORRIDOR BUFFER AND TRAIL SYSTEM IOWA CITY RIVERFRONT COMMISSION 1.359 L RM MIC ROLAFI RECOMMENDATIONS FOR THE ESTABLISHMENT OF AN IOWA RIVER CORRIDOR BUFFER ZONE AND TRAIL SYSTEM n Prepared for: Iowa City Riverfront Commission J by: Kathy Campbell, Planning Intern j Marianne Milkman, Planner/Program Analyst J Department Of Planning and Program Development -i City Of Iowa City December, 1979 `L I This report was sponsored by the City of Coralville, Johnson County, and the City of Iowa City. I i ........... MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES L1 �J Y I RECOMMENDATIONS FOR THE ESTABLISHMENT OF AN IOWA RIVER CORRIDOR BUFFER ZONE AND TRAIL SYSTEM n Prepared for: Iowa City Riverfront Commission J by: Kathy Campbell, Planning Intern j Marianne Milkman, Planner/Program Analyst J Department Of Planning and Program Development -i City Of Iowa City December, 1979 `L I This report was sponsored by the City of Coralville, Johnson County, and the City of Iowa City. I i ........... MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES TABLE OF CONTI Introduction . Iowa River Corridor Redefined. II. Land Use and Ownership . . _ Northern Corridor Unit Urban University Corridor Unit Southern Corridor Unit III. Problems and Recommended Solutions . I , IV. Priorities for Acquisition and Trail Con V. Suggestions for Action in the Iowa River Summary . . . . . . . . . . . . . . . . . I I� I MICROFILMED BY JORM MICR+L� CEDAR RAPIDS • DES M01 n i. RECOMMENDATIONS FOR THE ESTABLISHMENT OF A RIVER CORRIDOR BUFFER ZONE AND TRAIL SYSTEM In 1976 Stanley Consultants completed the Iowa River Corridor Study, a work — contracted by the City of Iowa City on the recommendation of the Iowa City i Riverfront Commission. This study included an inventory and Riverfront Plan for approximately 13 miles of the Iowa River beginning at the Coralville Dam and extending to approximately one mile south of the Iowa City city limits. The i east and west limits of the corridor were defined by a "discernable rim or ridge line", or in its absence, by the presence of a major arterial, consistently including the one hundred year flood plain. Phase II of the Iowa River Corridor Study contained goals and objectives desired in the river corridor. The following are those which are most applicable to this continued effort. i Goal s: To make the most of scenic potential and aesthetic values of the Iowa River and the flood plain adjoining it. _I To develop to the fullest the recreational capacity of the river and the flood plain. Objectives: To preserve and increase open spaces and green areas along both banks of the river and acquire scenic wooded sites to conserve them. In conjunction with other parties, public or private, to acquire river - - front and flood plain property for public use and enjoyment. J To provide greenway linkages between river front activities so as to the and flood furnish uninterrupted walking and bicycling along river plain. _ To improve public access along the river and flood plain. - Desired Achievements: A continuous river front pedestrian and bicycle trail, linking As bicycle numerous existing and proposed parks and historic sites. a trial, all motorized vehicles (except those required and pedestrian for policing, operation and maintenance) should be excluded from J trail use. This follow-up study detailing procedures and methods for implementing a river of the goals and — corridor bicycle/pedestrian trail system is based upon some Corridor Study. The following sections explain the objectives of the Iowa River limits of this study, land use and ownership, the problems for geographical associated with the proposed trail and recommended solutions, and priorities _ land acquisition and completion of such a trail system. _ I I i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 2 IOWA RIVER CORRIDOR REDEFINED For the purposes of this study, the Iowa River Corridor includes the Iowa River and the lots abutting it from the Coralville Dam to the southern limits of Section 27 of Lucas Township. In comparison to the Stanley definition the Corridor has been narrowed to include only those lots adjacent to the river, a cross section varying with east or west lot boundaries. This reduced view which focuses upon the 100 foot buffer zone, was taken to obtain a workable study area. The desired result is to expedite the preservation of the buffer zone and to increase river access and trail utilization for the community. Time and financial constraints were also factors in determining the scope of this study of the Iowa River Corridor land use, ownership and linear trail system. The Stanley study divides the Corridor into northern, southern and urban/university units. For ease in referencing, this study replicates these definitions but with a few exceptions. Here, Coralville is included in the Northern Corridor. The Urban/University Unit has been further subdivided into four Areas, the fourth of which encompasses a portion of what is the Southern Corridor Unit in the Stanley Plan. The limits of each of these Units and Areas is more fully explained in the following section, Land Use and Ownership. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I.359 C '1 2 IOWA RIVER CORRIDOR REDEFINED For the purposes of this study, the Iowa River Corridor includes the Iowa River and the lots abutting it from the Coralville Dam to the southern limits of Section 27 of Lucas Township. In comparison to the Stanley definition the Corridor has been narrowed to include only those lots adjacent to the river, a cross section varying with east or west lot boundaries. This reduced view which focuses upon the 100 foot buffer zone, was taken to obtain a workable study area. The desired result is to expedite the preservation of the buffer zone and to increase river access and trail utilization for the community. Time and financial constraints were also factors in determining the scope of this study of the Iowa River Corridor land use, ownership and linear trail system. The Stanley study divides the Corridor into northern, southern and urban/university units. For ease in referencing, this study replicates these definitions but with a few exceptions. Here, Coralville is included in the Northern Corridor. The Urban/University Unit has been further subdivided into four Areas, the fourth of which encompasses a portion of what is the Southern Corridor Unit in the Stanley Plan. The limits of each of these Units and Areas is more fully explained in the following section, Land Use and Ownership. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I.359 C Development Immediately south of the Coralville Dam, land is federally owned and there are wooded areas with foot paths where camping is permitted and fishermen cast from the river banks. The east bank of the river is high and atop of this hill parking spaces are provided for campers. On the west bank elevations are lower and boats and canoes are launched here. Downstream from the Dam, in the vicinity of the Zaiser Subdivision, the west bank - r359 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOIRES _ lI. LAND USE AND OWNERSHIP Ownership and lot sizes are those given in descriptions and plat maps at the City and County Assessor's offices at the Johnson County Courthouse. — This information, as well as tax evaluations and values per acre, is recorded as an update to the 1975 listing "Iowa City Riverfront properties: Areas and Assessed Valuations". Land use was determined by on SITE evaluations and zoning maps. Terrain, vegegative buffer, development and trail system status in various parts of the river corridor are described below. Specific problems and recommendations with regard to trail location, construction and land acquisition are dealt with in Section III. _ Maps of land ownership and the proposed and existing trail accompany this report. Annotations in the following descriptions refer to these maps. rrI ,J Northern Corridor Unit The Northern Corridor extends from the Coralville Dam to Interstate 80 on the east bank, and includes Coralville land south of the Interstate on the west bank. In contrast to the segmented urban lands of Iowa City and Coralville, ownership of county lands is less dispersed. Federal holdings of lands near the Coralville Dam account for some of the larger parcels. Other large tracts are used as farm land or timber reserves. tt e �ti Terrain Topographically the highest lands of the Corridor are within the Northern �j Unit. Here elevations range from 650 to a maximum of 750 feet, but the 1 latter figure is an extreme. Most land within the 100 foot buffer zone is no more than 660 feet in elevation. The exceptions occur downstream from I; the Dam on the east bank opposite the Zaiser Subdivision and again just north of the Butler Bridge. On the west bank 700 foot elevations are those of High View Knoll in the River Heights Subdivision and further downstream near the quarries, north of Interstate 80. Vegetation As previously mentioned there are agricultural lands and timber reserves in the Northern Corridor Unit. Usually trees buffer the farm lands and they are not apparent from the river surface. Not only do the trees screen the farm land, but also residential developments in the Northern Unit. Only on �I the gravelly banks near the quarries are trees unable to establish themselves and buffer development. Development Immediately south of the Coralville Dam, land is federally owned and there are wooded areas with foot paths where camping is permitted and fishermen cast from the river banks. The east bank of the river is high and atop of this hill parking spaces are provided for campers. On the west bank elevations are lower and boats and canoes are launched here. Downstream from the Dam, in the vicinity of the Zaiser Subdivision, the west bank - r359 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOIRES 7 J i 4 r rises and the east flattens out. Along the east bank there is some erosion (Na) and undermined trees have fallen into the river. Most owners of lots in the Zaiser Subdivision have stabilized their banks with even sized pieces of concrete riprapping. Almost without exception each of these lots have a small floating dock adjacent to the river bank. Higher elevations and limestone outcroppings (Nb) elsewhere in the Northern Corridor have aided the preservation of the buffer. High upon a bluff, homeowners can still have a view of the river, and access to it without clearing many trees and encroaching upon the banks. Being located on higher ,ground, their property is protected from inundation, therefore investing in a more attractive home and landscaping is more practical. Although in the Stanley Corridor Study housing in the Northern Corridor was thought to be distracting from an otherwise natural setting, the author of this report does not consider this a major problem, further development should be regulated by the River Corridor Overlay Zone Ordinance. The most unsightly development in the Northern Corridor are the quarries (Nc) just north of Interstate 80 and upstream from that point just south of the confluence of Muddy Creek and the Iowa River. Dust and noise are generated from these locations. Not only are these enterprises located too near the river, but it is difficult to ,establish trees on the gravelly banks, further reducing the buffer zone. The land immediately south of the Interstate on the west bank is Edgewater Park, a Coralville city park. There a boat ramp provides access to the river and there is a well -used camping area with firewood and a dumping station. Playground equipment and picnic areas are also available. In the fall, when this study's field work was conducted, elderly couples were the greatest users of the camping facilities. Edgewater Park is the only true public access to the river in Coralville and it is heavily used, nevertheless improvements should be made. Riprapping in the area is inconsistent - mostly along three points that protrude into the river, leaving the adjacent land to erode. In one particular stretch of the park a large strip of land (between 2 and 4 feet wide and 6 feet long) is breaking from the bank and will soon fall into the river. Where riprap has been placed it is in the form of large, uneven concrete slabs, some with protruding pipes and wires. Downstream from Edgewater Park is a stretch of residentially developed riverfront property. In general, houses are centered on the lots, but this represents an approximate distance from the river between 10 and 40 feet. As was noted in the Zaiser Subdivision, nearly all lots have an adjoining floating dock. There is a tendency by the owners of these properties to use their land as storage lots which gives them a cluttered appearance and reduces the attractiveness of the area. This problem is not so prevalent on lots which are opposite Lovers' Leap but it becomes more severe in the industrialized area south of the Iowa River Power Company restaurant. Each of these lots have trees and owners should be reminded of their value _ as a resource and encouraged to protect the trees and their property investment by preventing erosion. For those who have riprapped a reminder is still applicable. An informed land owner might opt for more off icient, attractive forms of riprapping when planning property improvements. 1359 MICROFILMED OY JORM MICR�LAB CEDAR RAPIDS • DES M01NCS There are no existing trails in the Northern Corridor. The proposed trail, u starting at the Coralville Dam will wind along the west bank as far as the Butler Bridge where it will cross the river and continue downstream on the east bank. The northern most stretch of trail will be constructed upon _ federal land and will require the cooperation of the U.S. Army Corps of V Engineers. Use of the road in the Zaiser Subdivision for the trail's route, is recommended. An easement for public use of this trail will have to be obtained. The remainder of the trail will require land purchase, dedication or acquisition of easements. Terrain should present no problem with the possible exception of the slopes of the lots of High View Knoll of River Heights. Urban/University Corridor Unit I _., The Urban/University Corridor Unit is comprised of river front land within the Iowa City city limits. Its northern boundary is Interstate 80 and its southern boundary the limits of Mesquakie Park to the west of the river and Napoleon Park to the east of the river. X359 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 5 Erosion and riprapping are not problems restricted to residential land. The remainder of Coralville riverfront property is zoned as heavy industry — (revised Coralville Zoning Map, 1979), and on these lots as well riprapping is a hit and miss proposition. A problem of equal, if not greater importance on Coralville lands are the sounds, odors, and dust generated by industrial use of the banks and the heavy traffic of First Avenue. Nestled in this zone is the Iowa River Power Company, a restaurant which made use of the old power plant to provide a unique atmosphere and a river front orientation. This is an ;.i achievement of a goal stated in the Stanley Plan as well as a welcome + relief from the heavily industrialized area which surrounds it. The parking lot which serves this establishment extends nearly to the edge of the banks, but when grown, the trees and shrubs which have been planted will screen the lot from the river. Because the Iowa River Power Company is located next to the dam, litter tends to collect on the banks near it and in the heavy slabs of concrete which riprap the shore. In the spirit of individual efforts to focus upon and beautify the river environment, the Iowa River Power Company should be encouraged to clear the litter from the banks. Reopening of the catwalk over the dam would increase public use of the parking lot and the river banks. In this instance maintenance might be seen as a municipal responsibility. If the catwalk were reopened Coralville would be linked to the proposed trail system, trail users would have access to the services of First Avenue's commercial district, and fishermen would have a place across the — river from which they could cast their lines. Trail Status There are no existing trails in the Northern Corridor. The proposed trail, u starting at the Coralville Dam will wind along the west bank as far as the Butler Bridge where it will cross the river and continue downstream on the east bank. The northern most stretch of trail will be constructed upon _ federal land and will require the cooperation of the U.S. Army Corps of V Engineers. Use of the road in the Zaiser Subdivision for the trail's route, is recommended. An easement for public use of this trail will have to be obtained. The remainder of the trail will require land purchase, dedication or acquisition of easements. Terrain should present no problem with the possible exception of the slopes of the lots of High View Knoll of River Heights. Urban/University Corridor Unit I _., The Urban/University Corridor Unit is comprised of river front land within the Iowa City city limits. Its northern boundary is Interstate 80 and its southern boundary the limits of Mesquakie Park to the west of the river and Napoleon Park to the east of the river. X359 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 6 Area I Location and Ownershi Extending from Interstate 80 south to Rocky Shore Drive and Park Road, this area includes land known as the "peninsula", which is bounded on the north by 1-80 and on the south and west by the Iowa River. Three parks and an outlot on Rocky Shore Drive are the City's holdings in the area. The remaining land is privately owned. lerrain On the peninsula the proposed trail will cross land lying between elevations of 640 and 650 feet. This gradually sloping land lies almost entirely in the flood plain. Exceptions occur as limestone outcroppings (Ia.) below the dam south of Interstate 80 and again just prior to Taft Speedway, when heading downstream. These outcroppings would narrow the trail, but would not hinder its construction. Across the river, on the west bank, elevations range between 640 and 650 feet, but lack the steep j increments that characterize the peninsula. This, too, is flood plain (,f land. Erosion and the resulting exposure of tree roots is a problem along certain portions of the river bank (Ib.) and private owners in particular n should be advised of aesthetically pleasing yet effective erosion I� prevention measures. M MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Vegetation n Along Rocky Shore Drive and Park Road are the manicured lawns, trees and shrubs of park lands and private lots. Although this is a scenic area, the buffer afforded the river is declining because of the number of trees lost to erosion along Rocky Shore Drive and Normandy Drive. On Dubuque Street trees provide a screen for the river but the trail is not buffered from the Jheavy traffic. The peninsula represents the unique advantage of preserving rather than establishing a buffer zone. The lower lands consist of dense woods and wild grasses where the trail could wind under the canopy of tall trees. J .1 Construction will require the removal of fallen timber and the clearing of some small trees, shrubs and vines. j Development Upland uses of the peninsula, include cultivated fields, a golf course, and additional wooded spaces. In the lower lands there are two abandoned shacks and, not far from them, small dumps. These sites (Ic) can be cleaned up when the trail is cleared. Structures found in the remaining Area are park shelters and private homes. The Iowa City Comprehensive Plan Map shows a potential park site on the peninsula next to the dam. Reopening of the catwalk over the dam would link Coralville to the trail system and this park. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES roup Trail Status No trail per se exists on the peninsula. However, intermittent paths used by occasional hikers might function as a guide for construction. In its eastern stretch an established road, Taft Speedway, will serve as the trails route. Lands between Taft Speedway and the river are occupied by private, river front homes and are not feasibly obtainable. Moreover, the proximity of Taft Speedway makes acquisition unnecessary. An alternative to routing the trail around the perimeter of the peninsula, is to locate it on Foster Road and on land owned by the Elks Club (see map). This would eliminate acquiring easements in a large area. If the Elks are receptive to the idea, a saving of time and money might be realized. There is an existing trail on Dubuque Street, Park Road and in City Park. Only the following completions are required (refer to map): 1. Rocky Shore Drive from Crandic Park to Park Road - most of this land belongs to the City. 2. Park Road to City Park - signing of the route along Manor Drive. 3. City Park - small river front segment. 4. Park Road and Dubuque Street - curb cut on north corner. Area II Location and Ownership Area II is the Iowa River Corridor from Park Road to Burlington Street. The majority of these lands are owned by the University of Iowa or by the City of Iowa City. Terrain Most of this Area is low lying, flood plain land, with elevation slowly rising from 640 to 650 feet. Vegetation University and fraternity lots are well groomed. Trees, shrubs, and grasses have been left to grow at will along the river on the City lot on Dubuque Street, and on Riverside Drive between Iowa Avenue and Burlington Street. The latter vegetation provides a buffer along the river, but does not protect the trail from the heavy traffic of Riverside Drive. Development Structures in this Area are University buildings and fraternity houses. Both the City and the University have water treatment plants (IIa) located along the river, but the grounds are well kept and pose no problem. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 rd Trail Status Much of the trail already exists in Area II (see map). Trail completion will require the cooperation of the University and the Iowa Department of Transportation. Necessary additions are as follows: j1. Trail between Park Road/Dubuque Street from the Music Building foot bridge - the City owns an outlet on the northern part of this segment _ and there are also two vacated streets within it - Brown Street and Ronalds Street. Three fraternities are located in the center of this -! segment from which easements must be obtained, and the southern _ portion is owned by the University of Iowa. A well -beaten dirt path now traverses these properties and it could be easily used as the constructed trail's route. This section is optional and it is not currently considered by the Riverfront Commission to be a priority. 2. City water plant to Iowa Memorial Union - a trail is needed through the adjacent parking lot and along the river. Routing would ultimately be a University of Iowa decision. The trail could enter the parking lot at either its northern or southern end. The northern entrance is shown on the map as the proposed trail. This segment of trail would pass under the Union foot bridge and �J connect with existing river front sidewalk. Vertical passage under the bridge presents no problem, but grading and stabilization will be necessary to eliminate the erosion caused by runoff below the bridge. 3. Union foot bridge to Iowa Avenue - surfacing an existing dirt trail on the west bank of the river, which rises to the corner of Iowa Avenue and Riverside Drive. This portion of the trail is also entirely on University of Iowa property. 9 I:� 4. Iowa Avenue and Riverside Drive - curb cut on south corner, and 1, 1� stenciling of intersection. 5. Riverside Drive from Iowa Avenue to Burlington Street - there is a dirt path along this stretch now to indicate use of the route. Trail widths will vary because of the established locations of light poles and signs, and will require a guardrail for safety. The cooperation of the Iowa Department of Transportation will be needed for completion because the proposed trail lies in the right-of-way of Highway 6/218. 6. Riverside Drive from Burlington Street - curb cuts on both the north and south corners and a stenciled crossing will improve this intersection. Area III I - Location and Ownership _ In the Iowa River, Corridor from Burlington Street south to U.S. 6 land ownership is varied as is land use. Included in this Area are University parking lots, food services, car and camper dealerships, rail lines, a power plant, a pre -fabricated housing company, a cement company, and the 1359 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MICROFILMED BY JORM MIC R(LAB CEDAR RAPIDS • DES MOINES 8 9 City's sewage treatment plant. In short, this is land consumptive commercial and industrial development. Terrain — The elevation of this land is 640 feet. The river channel is deeper here, however and the banks are steeply sloped. This is especially true in the northern part of Area III where lands are not even part of the 100 year flood plain. Erosion control is nothing more than piecemeal riprapping, a i topic which is covered more thoroughly in the section entitled "Problems _ and Recommended Solutions." Vegetation Many of these lands are put to commercial or industrial use and consume the " land to the edges of lots where it quickly drops to the river. A line of trees on the edge of these lots provides a buffer for the traffic on the " river below. This is true on both the east and west banks of the river. On the west bank, where the trail will be constructed, there is no screening afforded the path north of Benton Street. The back 50 feet of lots south of J Benton Street have enough trees and shrubs to provide an adequate buffer for both the river and the trail. Development Development in Area III is extensive and its consumption of land precludes trail construction on the east bank of the river. From north to south on -' this bank are the University Power Plant, rail lines, a prefabricated housing company, a cement company, and the City's sewage treatment plant. _ On the west bank, immediately south of Burlington Street, there is a University parking lot, a car dealership and a Dairy Queen. In the back of the Dairy Queen lot there is a small grassy eating area bordered by — railroad ties and complete with tree stump seats, log benches, and a small rock garden (IIIa). South of the railroad bridge is a gas station, a ` trailer/camper dealership, and a tire retailer. The final lot north of before Benton Street is developed only along Riverside Drive. The back part of this lot is open space and has a row of trees that would screen the trail from the front lot development (IIIa). �I South of Benton Street development continues to be commercial, but for the _ most part, it is limited to frontage lots along Riverside Drive. As mentioned previously, a 50 foot buffer could be maintained here. j Trail Status i As noted before the trail is feasible only on the west bank of the River. All trail in Area III is "proposed" (see map). 1. From Burlington Street to Railroad Bridge - north of the railroad - bridge the trail will be a sidewalk path. To be used as a trail — existing sidewalk will need to be improved. It it not possible to take the trail through the University's parking lot, and elimination of the pleasant area behind the Dairy Queen would be an unnecessary loss. This area is already in keeping with the Iowa River Corridor — Plan by providing open space and river front orientation. - X359 MICROFILMED BY JORM MIC R(LAB CEDAR RAPIDS • DES MOINES 8 I0 2. Railroad Bridge to Benton Street - south of the Railroad Bridge the trail will cut back behind the gas station and from there will parallel the river. The problem of screen in this area is discussed in depth in the section titled "Problems and Recommended Solutions Here easements will have to obtained, and in the cases of the Bowers and Morrow properties, fee simple purchase might be necessary. Passing under the Benton Street Bridge will be no problem, but planting will be needed to cover what is now exposed ground (IIIc) 3. Benton Street south to U.S. 6 - the first lot south of Benton Street is another of Morrow's properties and again will probably require purchase (IIId). There is a tavern that sits back and above the 50 foot bench along the river. Outdoor tables of the tavern could either be screened from the river view as they are presently, or could be oriented to the river by removing the fencing. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 13�q The bench behind Morrow's land is open and mowed, but on adjacent land the trail would wind through trees. Clearing of vines, shrubs, and some small trees will be necessary, but larger trees should not have to be lost to construction. The back 50 feet of the lots south of �J Morrow's property to U.S. 6 is slated to be given to the City of Iowa City by Southgate Development Company. Area IV Location and Ownership Area IV consists of Corridor lands from U.S. 6 south to the City limits. Land ownership is nearly equally divided between the City and private interests. Terrain In this Area elevations range from 630 to 650 feet. Don the west bank of the river the rise from 630 to 640 feet occurs rapidly and the banks are steeply sloped. Change occurs more gradually on the east banks and the r, incline is less severe. As a result, occupation of the 100 year flood plain is more extensive to the east of the river than to the west. Control of bank erosion relies primarily upon vegetative cover sometimes supplemented by riprap. Here as in several areas of the Corridor riprapping methods are inconsistent and often unsightly. In the railroad right-of-way there is a small ravine. Vegetation City lands of Area IV were landfills in the past and now are covered by grasses. Most trees on these lands grow along the river banks. Wooded properties of the area are the southern parts of Braverman's lots and Showers' lot on the east bank, and the back lots of Imperial Refineries, i Larew, and Thatcher on the west bank of the river. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 13�q J Development Private lands are used for industry, open space and in the case of Baculis and Thatcher for trailer courts. There are residences on Showers' property as well, but the density is much lower than for the trailer courts. The parking lot of Moore's Business Forms extends as far back towards the river as possible. The City's large holdings are to be developed as public parks. The northern most of these, Sturgis Ferry Park, also is the site of City maintenance buildings and a future boat ramp. When the boat ramp is completed and the park is prepared for public use, the City should include organization of the maintenance area in the park preparations. Currently this site is cluttered and unattractive. Trail Status There is no existing trail in Area IV (see map). To the east of the river the trail will use the right-of-way of the South Gilbert Street Relocation, and will be implemented as part of that project. It will extend as far south as the side of Napoleon Park which on the map is shown as a City holding. n on the west bank the proposed trail system will be constructed as follows: 1. Sturgis Corner to Sturgis Ferry Park beneath U.S. 6 - as noted on the map this segment is a problem and is accordingly is discussed in "Problems and Recommended Solutions". r 2. Sturgis Ferry Park - this is flat, grassy City land which only requires trail construction. Development of the park itself will provide the desired vegetative buffer. 3. The trail will continue on the frontage road which parallels Highway 218, and terminates in Mesquakie Park. The frontage road is not wide _ enough to accomodate a bike lane, but route signs should be installed and intersections stenciled to warn of bike crossings. A route adjacent to the river, traversing private lots, was investigated. This alternative, however, was found to be unsuitable. Trail construction on the steep banks of Moore's lot would have been difficult and the trail often inundated. Acquisition and easement. costs were high. In a final evaluation, the benefits of locating the trail such a short distance closer to the river would not offset the costs of this route. The decision to parallel Highway 218 along the frontage road is in keeping with the recommendations of the Stanley Corridor Study. jSouthern Corridor Unit The Southern Corridor Unit for this study differs somewhat from that of the Stanley Corridor Study. For the purposes of this report the Unit extends south of the Iowa City city limits to the southern boundary of section 27 of Lucas Township. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES X359 I 0 >.z Development In the Southern Corridor gravel and sand pits are not visible from the river because these lands are heavily wooded. However, dwellings have been built very near the river banks and can be seen from the river. As previously mentioned these are primarily leased residences, built upon the lands of two or three owners. Where an effort has been made to protect the banks from erosion and the houses from further inundation, the riprapping — consists of large uneven concrete slabs and tires. This is more _. characteristic of the west bank than the east. Future developments should occur as directed by the River Corridor Overlay Zone Ordinance to maintain a buffer for the river. 1 J J Trail Status As it is defined for this report, the Southern Corridor Unit contains neither proposed nor existing trails. The Stanley Plan envisions stables and seasonal residences in these woods. For the present, it is sufficient that the land owners maintain the environment of the Corridor. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1359 j Land ownership in the Southern Corridor Unit is much less dispersed than in _ the Urban/University Corridor and in the Northern Corridor where the urban lands and organized housing developments divide the lots. There are no public river front holdings in this corridor unit, neither local, state nor _ federal. The lot held by Wagner Memorial Holding Corporation is the Izaak Walton League, and is the only tax exempt land in the Southern Corridor I Unit. i Terrain Land in the southern portion of the corridor varies in elevation from 620 to 640 feet. Variations in terrain are not great, and 630 feet is a reasonable representative elevation for all these lands. Vegetation `j Although dotted with dwellings, the corridor is a very wooded area, and trees serve as an effective buffer to noise from Highway 218 to the west and County Road W-66 to the east. Some timber rights are sold in this area to people who want to fire gather wood. On Southwick land these rights are limited to felled trees. Development In the Southern Corridor gravel and sand pits are not visible from the river because these lands are heavily wooded. However, dwellings have been built very near the river banks and can be seen from the river. As previously mentioned these are primarily leased residences, built upon the lands of two or three owners. Where an effort has been made to protect the banks from erosion and the houses from further inundation, the riprapping — consists of large uneven concrete slabs and tires. This is more _. characteristic of the west bank than the east. Future developments should occur as directed by the River Corridor Overlay Zone Ordinance to maintain a buffer for the river. 1 J J Trail Status As it is defined for this report, the Southern Corridor Unit contains neither proposed nor existing trails. The Stanley Plan envisions stables and seasonal residences in these woods. For the present, it is sufficient that the land owners maintain the environment of the Corridor. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1359 j MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 13 III. PROBLEMS AND RECOMMENDED SOLUTIONS This section deals with three categories of problems minor problems (curb cuts), specific problem areas, _ and general problems in the corrdor. On the reference map needed curb cuts i are represented by asterisks and problem areas by a jagged line. Minor_ Problems — The smallest and most easily remedied problems are curb cuts. These have been discussed individually under — I the subheading Trail Status for each Area and are listed below: 1. Dubuque Street and Park Road - north corner. 2. Iowa Avenue and Riverside Drive - south corner. 3. Burlington Street and Riverside Drive - north and south corners. Specific Problem Areas 1. Riverside Drive As mentioned previously, there is little space and vegetative buffer available on Riverside Drive from "1 I Burlington Street to Benton Street. In general, businesses extend to the edge of the upper limits of the river bank or very nearly so, and because this is an established, developed area the trail will have to take advantage of space that is available. From Burlington Street to the railroad bridge this space is sidewalk. Trail space is available behind Petro King oil (Derby Gas Station), Bowers, and Linder Tire. Although vegetation is sparse behind _ river and will buffer it frohesem the heavy trafficusinesses will eep the of Riverside Drive, the 2. U.S. 6 - passage under the highway is one of the few technical problems associated with the trail, but if _ resolved it will be much safer than crossing highway traffic. Near the first _ support of the overpass (at the northwest end) the grade will have to be lowered approximately 4 feet _ to allow for a vertical and horizontal passage of 8 feet minimum. Soils of the slope are very loose and will require stabilization.uardrail ll be trah _ l arallel the the propertiesron either side roftthe highway.to — I 3• Quarries of the Northern Corridor Unit The quarrying operations are located very near the river and generate dust and noise. Ideally, they should be focused away from the river and screened with trees, but it is difficult for to plants establish on the gravelly banks. The Stanley Plan recommended that where vegetative 1 screens were unfeasible, architectual ones could be employed. It would seem appropriate in this instance that the barrier be a reminder of the resource that is obtained from the River Corridor. An — attractive limestone wall coud be built or limestone sculptures placed where the trees leave gaps exposing the quarry MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES 14 sites. Although trees do not grow well here, trailing vines should be able to establish themselves and cover the pipes that lead from the quarries down to the river. General Problems Throughout the Corridor, erosion and its control is a problem. Where erosion continues unchecked tree roots are exposed, the trees die and undermining causes them to topple into the river. To the property owner, healthy trees provide shade and a natural buffer. Erosion claims not only trees, but the land itself, so erosion prevention is a protection of the property investment. In addition, trees buffer noise and unsightly development and they provide habitat for wildlife. Bank erosion increases siltation and dead and dying trees have less aesthetic appeal. Methods for preventing erosion also have varying degrees of aesthetic appeal. The "dump" method whereby anything and everything is loaded upon the bank to check erosion is the most unsightly form of riprapping witnessed. Large uneven pieces of concrete slabs have also been used. If the pieces are reduced, and made of uniform size, this can be effective riprapping and becomes even more stable and appealing when vines are introduced. Tapered retaining walls have the same effect, but require more labor and expense to install. A precedent for erosion control should be set by stabilizing the banks of public holdings - the west end of City Park and Edgewater Park for instance, and by offering technical assistance to private property owners. A list of owners of numbered lots on the Land Ownership and Trail Maps is available at the Iowa City Department of Planning and Program Development. Another general problem is Coralville's relationship to the River Corridor. Geological history indicates that Coralville is an oxbow lake. Railroad lines and a stretch of land consumptive development create a barrier which severely limits access between First Avenue and the river. Access points such as Edgewater Park and the catwalk must be focused upon and improved, and other potential links explored. One possibility is a trail that would link First Avenue to the Rocky Shore Drive trail. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1359 8 a I r, ' w 19 I 3 y l 14 sites. Although trees do not grow well here, trailing vines should be able to establish themselves and cover the pipes that lead from the quarries down to the river. General Problems Throughout the Corridor, erosion and its control is a problem. Where erosion continues unchecked tree roots are exposed, the trees die and undermining causes them to topple into the river. To the property owner, healthy trees provide shade and a natural buffer. Erosion claims not only trees, but the land itself, so erosion prevention is a protection of the property investment. In addition, trees buffer noise and unsightly development and they provide habitat for wildlife. Bank erosion increases siltation and dead and dying trees have less aesthetic appeal. Methods for preventing erosion also have varying degrees of aesthetic appeal. The "dump" method whereby anything and everything is loaded upon the bank to check erosion is the most unsightly form of riprapping witnessed. Large uneven pieces of concrete slabs have also been used. If the pieces are reduced, and made of uniform size, this can be effective riprapping and becomes even more stable and appealing when vines are introduced. Tapered retaining walls have the same effect, but require more labor and expense to install. A precedent for erosion control should be set by stabilizing the banks of public holdings - the west end of City Park and Edgewater Park for instance, and by offering technical assistance to private property owners. A list of owners of numbered lots on the Land Ownership and Trail Maps is available at the Iowa City Department of Planning and Program Development. Another general problem is Coralville's relationship to the River Corridor. Geological history indicates that Coralville is an oxbow lake. Railroad lines and a stretch of land consumptive development create a barrier which severely limits access between First Avenue and the river. Access points such as Edgewater Park and the catwalk must be focused upon and improved, and other potential links explored. One possibility is a trail that would link First Avenue to the Rocky Shore Drive trail. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1359 8 a y r, y iw II 1 , I 14 sites. Although trees do not grow well here, trailing vines should be able to establish themselves and cover the pipes that lead from the quarries down to the river. General Problems Throughout the Corridor, erosion and its control is a problem. Where erosion continues unchecked tree roots are exposed, the trees die and undermining causes them to topple into the river. To the property owner, healthy trees provide shade and a natural buffer. Erosion claims not only trees, but the land itself, so erosion prevention is a protection of the property investment. In addition, trees buffer noise and unsightly development and they provide habitat for wildlife. Bank erosion increases siltation and dead and dying trees have less aesthetic appeal. Methods for preventing erosion also have varying degrees of aesthetic appeal. The "dump" method whereby anything and everything is loaded upon the bank to check erosion is the most unsightly form of riprapping witnessed. Large uneven pieces of concrete slabs have also been used. If the pieces are reduced, and made of uniform size, this can be effective riprapping and becomes even more stable and appealing when vines are introduced. Tapered retaining walls have the same effect, but require more labor and expense to install. A precedent for erosion control should be set by stabilizing the banks of public holdings - the west end of City Park and Edgewater Park for instance, and by offering technical assistance to private property owners. A list of owners of numbered lots on the Land Ownership and Trail Maps is available at the Iowa City Department of Planning and Program Development. Another general problem is Coralville's relationship to the River Corridor. Geological history indicates that Coralville is an oxbow lake. Railroad lines and a stretch of land consumptive development create a barrier which severely limits access between First Avenue and the river. Access points such as Edgewater Park and the catwalk must be focused upon and improved, and other potential links explored. One possibility is a trail that would link First Avenue to the Rocky Shore Drive trail. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1359 8 15 IV. PRIORITIES FOR ACQUISITION AND TRAILS COMPLETION Selection of priorities was based upon costs, the ability to connect with existing trails and/or reach a destination, syncronizing trail construction with the scheduled development of an area, and the likelihood of obtaining the goal. The cost of trail construction was based upon the following figures. It should be noted that these are only basic construction estimates not project costs, and that the amount of grading or improvement needed varies with location. Signs Sign installation Intersection cross stripe Stenciled street message Curb cut (6 or 8 ft. wide) Asphalt strip (8 feet wide) Widening and sidewalk repair Continuous trail per 500 feet 2 signs and installation (8 feet wide) Installation of concrete walk Removal and replacement of concrete walk Guardrails MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES COSTS $7.50 per sign $19.50 per sign $13.75 per intersection $13.00 per intersection $200 per curb cut $7.25 per linear foot $8 per linear foot $3,679 per 500 feet $2.25 per sq. foot $2.75 per sq. foot $15,000 per 1000 feet M �360? I I_s f1 It bi J t i I 15 IV. PRIORITIES FOR ACQUISITION AND TRAILS COMPLETION Selection of priorities was based upon costs, the ability to connect with existing trails and/or reach a destination, syncronizing trail construction with the scheduled development of an area, and the likelihood of obtaining the goal. The cost of trail construction was based upon the following figures. It should be noted that these are only basic construction estimates not project costs, and that the amount of grading or improvement needed varies with location. Signs Sign installation Intersection cross stripe Stenciled street message Curb cut (6 or 8 ft. wide) Asphalt strip (8 feet wide) Widening and sidewalk repair Continuous trail per 500 feet 2 signs and installation (8 feet wide) Installation of concrete walk Removal and replacement of concrete walk Guardrails MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES COSTS $7.50 per sign $19.50 per sign $13.75 per intersection $13.00 per intersection $200 per curb cut $7.25 per linear foot $8 per linear foot $3,679 per 500 feet $2.25 per sq. foot $2.75 per sq. foot $15,000 per 1000 feet M �360? I 16 t� Northern Corridor Unit '� Ia New trail $ 3,000 total $127 000 6 13 Construction could occur in two phases. terminated at the Butler Bridge, .J user could County Road W-66. The cost would be divided continue on trail which follows follows: as Interstate 80 to Butler Bridge $ 64,000 Butler Bridge to Coralville Dam 65 000 J Urban/University Corridor Unit I 16 t� Northern Corridor Unit Easements New trail $ 3,000 total $127 000 6 13 Construction could occur in two phases. terminated at the Butler Bridge, If the partially completed trail user could County Road W-66. The cost would be divided continue on trail which follows follows: as Interstate 80 to Butler Bridge $ 64,000 Butler Bridge to Coralville Dam 65 000 Total Urban/University Corridor Unit 1. Rocky Shore Drive Trail $100,000 2. All curb cuts 1,400 3. Riverside Drive: Iowa Avenue to Burlington Trail Construction Guard Rail 10,000 10,000 4• Riverside Drive: Burlington Street to Sturgis Corner Easements Purchase $ 45,000 Trail (asphalt) 65,000 Trail (concrete sidewalk) 10,000 45 000 Total 165,000 Note: This cost does not include land donations upon by the owner of Sturgis Corner lots. and trail construction agreed 5. Passage under U.S. 6 Trail Guardrail $ 4,250 Cutting & Stabalization 7,500 Total 15 000 26,500 6. Sturgis Ferry Park Trail $25,000 7. Trail paralleling 218 on Frontage Road between and Mesquakie Park Sturgis Ferry Park Signing and street stencils (Does $ 250 not include street repairs) 8. Mesquakie Park Trail $ 20,000 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1359 I 17 Five Year Capital Improvement Program FY 81 $147,000 Rocky Shore Drive (1) Curb Cuts (2) Riverside Drive Sidewalk Improvements (4) FY 82 $ 65,000 Riverside Drive trail (Iowa to Burlington) (3) Easements on Riverside Drive (4) FY 83 $ 75,000 Land acquisition and trail on Riverside Drive (4) FY 84 $ 52,000 Passage under U.S. 6 (5) Sturgis Ferry Park trail (6) FY 85 $ 21,000 Paralleling 218 on Frontage Road (7) Mesquakie Park trail (8) While Iowa City is focusing upon land acquisition and trail completion in the Urban/University Corridor Unit, Johnson County and Coralville should concentrate on erosion control, the Northern Corridor trail, developing Coralville's river access, and screening unsightly development. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES issy Ll J -I I � 17 Five Year Capital Improvement Program FY 81 $147,000 Rocky Shore Drive (1) Curb Cuts (2) Riverside Drive Sidewalk Improvements (4) FY 82 $ 65,000 Riverside Drive trail (Iowa to Burlington) (3) Easements on Riverside Drive (4) FY 83 $ 75,000 Land acquisition and trail on Riverside Drive (4) FY 84 $ 52,000 Passage under U.S. 6 (5) Sturgis Ferry Park trail (6) FY 85 $ 21,000 Paralleling 218 on Frontage Road (7) Mesquakie Park trail (8) While Iowa City is focusing upon land acquisition and trail completion in the Urban/University Corridor Unit, Johnson County and Coralville should concentrate on erosion control, the Northern Corridor trail, developing Coralville's river access, and screening unsightly development. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES issy V. SUGGESTIONS FOR ACTION IN THE IOWA RIVER CORRIDOR The basic intent of establishing an Iowa River Corridor buffer or greenbelt is preservation and protection of a valuable natural resource in Johnson County. In most areas such a buffer (with a width of approximately 100 feet) will consist of natural vegetation, shrubs, native grasses and weeds, as well as rock outcroppings. In a few regions a buffer area will need to be created by planting trees and shrubs. Such a vegetative buffer promotes good water quality and conservation, and protects aquifers, alluvial soils and slopes by reducing water runoff, non - point source pollution and erosion. In addition such a buffer protects the area with outstanding values due to the nature of the vegetation and wildlife habitat, or geological, historic or recreational opportunities. In order to establish and make the best possible use of such a buffer details of land ownership, tax valuations and proposed trail locations are presented in the foregoing report. Specific suggestions for action for each jurisdiction, Iowa City, Corallvile, and Johnson County follow. MICROFILMED BY JORM MICR+LAO CEDAR RAPIDS • DES MOINES � 354 0 19 SUGGESTIONS FOR CITY OF CORALVILLE 1, Erosion Control, particularly in parts of Edgewater Park and portions of the riverbank south of the park will prevent further deterioration of the banks. 2. General clean up and maintenance of the riverbank particularly in the industrialized areas would improve the appearance of the corridor. 3. Encouraging property owners to riprap and improve the riverbank by distribution of the U.S. Army Corps of Engineers Stream Bank Erosion Control guide and other means will also educate property owners as to the value of trees both in maintaining the riverbank and adding value to their property. 4. Preparation and maintenance of the catwalk (in conjunction with Johnson County) would ensure a link with the proposed trail from the east bank on the.Iowa River. 5. Providing a river corridor link between Edgewater Park and the catwalk, using Quarry Road and then clearing a trail adjacent to the river could permit greater enjoyment of the river. (An easement will need to be obtained from Iowa Power and Light). 6. Investigating the possibility of linking First Avenue with the Rocky Shore Drive bicycle trail to permit scenic and safe travel in the river corridor. 7. Adoption of a River Corridor Overlay Zone Ordinance (similar to Iowa City's, if adopted). MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES L35? I /\ 20 In SUGGESTIONS FOR JOHNSON COUNTY I. Establishment of a buffer/greenbelt zone with restricted permitted uses. 2. Acquisition of public access and easements for a continuous trail along the river. (See attached map) 3. Establishment of a continuous trail in the river corridor. 4. Requiring owners of industrial operations along the river to provide screening of the operations from the river through plantings or other appropriate means. 5. Adoption of a River Corridor Overlay Zone Ordinance (similar to Iowa City's, if adopted). MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 8 i :.J r I� Li J II J J 1. I _i I J 1 J I II i I I r /\ 20 In SUGGESTIONS FOR JOHNSON COUNTY I. Establishment of a buffer/greenbelt zone with restricted permitted uses. 2. Acquisition of public access and easements for a continuous trail along the river. (See attached map) 3. Establishment of a continuous trail in the river corridor. 4. Requiring owners of industrial operations along the river to provide screening of the operations from the river through plantings or other appropriate means. 5. Adoption of a River Corridor Overlay Zone Ordinance (similar to Iowa City's, if adopted). MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 8 21 SUGGESTIONS FOR IOWA CITY I. Establishing a policy to preserve a 100 foot buffer in the Iowa River Corridor where redevelopment or new development occurs. 2. Adoption of the River Corridor Overlay Zone regulations. 3. Pursuing methods of acquiring public access and rights-of-way along the river through density bonuses, dedication, life estates, easements and other methods. 4. Establishing a continous trail in the river corridor. 5. Encouraging property owners to use various methods of erosion control along the river bank. 6. Investigating and implementing the construction of a boat ramp above the Burlington Street dam. I� I I i { u r, j� A" I I � _ 21 SUGGESTIONS FOR IOWA CITY I. Establishing a policy to preserve a 100 foot buffer in the Iowa River Corridor where redevelopment or new development occurs. 2. Adoption of the River Corridor Overlay Zone regulations. 3. Pursuing methods of acquiring public access and rights-of-way along the river through density bonuses, dedication, life estates, easements and other methods. 4. Establishing a continous trail in the river corridor. 5. Encouraging property owners to use various methods of erosion control along the river bank. 6. Investigating and implementing the construction of a boat ramp above the Burlington Street dam. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES m W9 i iA t I { I I � _ 1 i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES m W9 i iA 22 Summary This study of land use, land ownership and 'linear trail system finds implementation of the Stanley Iowa River Corridor Plan optimistic. Much land is currently publicly owned, either by the City or the University of Iowa, and in Areas I and II much of the trail exists or is soon to be completed. Open space, both in private and public holdings, is abundant and will facilitate preservation of a buffer zone. Even in commercially developed areas a "river _. focus" is attainable as is witnessed by the efforts of McWane's Dairy Queen on Riverside Drive and the cooperation of the developer of Sturgis Corner. _ The Stanley Corridor Study is a source of information and ideas. This report is meant to be used with the Stanley Study to complement it and make it workable. _. Much of the Stanley Plan is idealistic and does not consider the financial constraints of the governing bodies which will implement the plan. It would be ideal to rezone Coralville and to remove the industry from the riverbanks, and to reorganize the commercial interests of Riverside Drive to better accommodate the trail system. Realistically, the Riverfront Commission and the communities of the Corridor can preserve the buffer that does exist by encouraging riprapping to prevent erosion and save trees. Acquisition of land will increase the buffer in size, but where development exists hedges, trees and architectural landscaping can be added to create the buffer effect. Problems arise whenever an idealized plan is applied to a real situation, but as the section "Problems and Recommended Solutions" shows, alternatives exist and n problems need not become insurmountable. Realization of the Corridor Plan L requires commitment. Implementation of the linear trail system and preservation of the buffer zone are expressions of commitment and the achievement of a goal. 1� MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1 a T ( ce Y o // I / `.I / �... ,000, /mumca. J N '. u�(D �L co N N C. • �,j — — o J` tz m i =0 • I. M., ❑ I _ ❑ JORMMICR+LAB CEDAR RAPIDS - DES MOINES I Is r .° I gZ !1 • I • V 30 O P I �.__.____-___-_____ ------------- L= ------- dr I 111ll//\\ ,1 �l fit JORM MICR+LAB CEDAR RAPIDS • DES MOINES _W �W N x �' p �• � : RC1 i e � J C) C cy o� O a. z I U = z LU ry W W ~ > 3 0 tot, z a o 0 o O Q O O CL CL. J ------------------- o t 1T niIIT 1 U3 0 02 I + - `- o -`� i _ l _ co co —� i \) N � m r C. I IN C•) —f; cv. o f O ` i / I V V rn hoururl'u o1 JORM MICR�LAB CEDAR RAPIDS •DES MOINES r \ rF fi —i� U Il l� i Jt11 C 4F c �r—{i L ,IIiT� II-� LJ F-1 GC 'I �ULJy� •r'. 'err m. ! l VISA d LIM W E ❑ n�; y�� s r.+lI Is +_ � fl � _. --` 1F� � "".�L .g owls vsswr jll + rr�F;s rLl S xt� IMtID 11�J 11 C® No EF IQ Elio! \ . 11M 15 WI j +5 nn o MIR LS OF El 1:1 El ��❑cam MICROFILMED BY JORM MICR;LAB CEDAR RAPIDS • DES MOINES I iL ��L FFJ/J' � L�—^ JcF I Ely Lc-zL._.I9 I� 'I --.r In'I jI +_. '��!❑ I: II' Ili — _— rn �Llk1m, III� .LLIfl I �jII�IY{r�rL.'�;r 11�_r •, .•.fL _is ��jj � n � I L11t11!�l 'ILII' n 11 •�N N Ll ]ILII ll a III it —1 Ti _II11 = � InrH ren _S—� nlvi'rT—vi-� I __ --- III. '0• Y 1H Won I V MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES � I T kucc A ¢C 0 CI a HMS 0 Q r Q �� w W z �z z 09 Q Qo0 U Q I 1H Won I V MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS DES MOINES � I T kucc A ¢C 0 CI a HMS I ]CSiJL:JIJ �. y - lop- QClO r 1 UT � II --�` II•rlr_l• I MICROFILMED BY JORM MIC R�LAIS CEDAR RAPIDS •DES MOINES J t W f 1 F 1 Fr 1 Q p 1 O g II 1' I II MINUTES MELROSE CORRIDOR COMMITTEE JUNE 26, 1980 CITY MANAGER'S CONFERENCE ROOM MEMBERS PRESENT: Hart, Vetter, Turner, Wolraich, Perret, Kammermeyer MEMBERS ABSENT: Bezanson, Roberts STAFF PRESENT: Boothroy, Tyler OTHERS PRESENT: Blum SUMMARY OF DISCUSSION Minutes of May 8, 1980, May 29, 1980 and June 12, 1980 were corrected as per addendum attached. Minutes were approved as corrected. STAFF ASSISTANCE - ENGINEERING Kammermeyer stated that both Brachtel and Schmadeke were out of town and therefore would not be at the meeting. However, they had indicated that one or both would be willing to come to the next meeting and discuss the "Greenwood Bias." Perret asked if they would be in town Monday so that the Council will be able to speak to them. He expressed concern that their absence might delay the Council's consideration of Melrose Court. Kammermeyer passed out a map showing the intersection at Greenwood and Myrtle as redesigned by Brachtel (see attached). He pointed out that this design alters the traffic island but does not alter the corner. Hart stated that the map failed to indicate a street and driveway. She expressed concern that the engineers had actually looked at the site. Boothroy stated that Brachtel and Schmadeke had both been at the site. He said that they were aware of the driveway and street but the detail had been omitted from the map. Boothroy said that Brachtel had indicated some problems with moving the corner further down the hill because of grade elevations. Brachtel felt that the design proposed in the map was the most feasible. Boothroy added that moving the intersection further down the hill also decreased sight distance. Perret rejoined that stop signs were planned at the corner and this would alleviate some of the problem of reduced sight distance. Kammermeyer pointed out that the dotted line on the map showed the projected line of travel of the average car. This path crosses the center line in order to accommodate the sharpness of the curve. He felt that moving the corner back would make the turn less acute. He stated that would probably involve slight encroachments on private land and that the island would have to be extended. 1360 MICRDFILMED BY JORM MIC R�LAB CEDAR RAPIDS • DES MOINES rte, MINUTES MELROSE CORRIDOR COMMITTEE JUNE 26, 1980 PAGE 2 Perret asked for clarification on the objections. Boothroy pointed out that Greenwood drops sharply so that the farther the intersection is set back, the steeper the grade separation becomes. With a steep grade it might not be possible to build a safe intersection. He added that an acute turn on a steep grade was simply not a safe curve from a traffic standpoint. Perret asked if it were possible to regrade Melrose Court so that the grade separation would be less severe. He also pointed out that if the corner were cut back, the curve would be less acute. Kammermeyer agreed that the concept would be worth discussing with Brachtel and that cutting the corner back 15 to 20 feet would not involve a much greater grade separation. Kammermeyer summarized Brachtel's objections to the "Greenwood Bias" concept as: grade separation, problem of traffic turning from Greenwood onto Melrose Court being broadsided by traffic turning onto Greenwood from Myrtle Avenue, and public failing to obey the signing. Boothroy added that it would not be physically impossible for people to turn onto Melrose Court from Myrtle if they were really set on it. Perret pointed out with the island and signing, most people would not turn. Vetter mentioned placing a YIELD sign at the intersection because of the legal connotations for a person violating that sign if they were involved in an accident. Wolraich stated that staff generally seemed to be very much against signs. Kammermeyer stated that he felt it would be important to have a patrolperson stationed at the corner at random times, especially in the initial stages so that persons would become conditioned not to turn onto Melrose Court. Hart asked if there was an accident count on that corner. She questioned which was more dangerous - the present configuration (with traffic flowing from Myrtle onto Melrose Court) or a redesigned intersection with a slightly steeper grade. Boothroy pointed out that it was important not to have people stopping on the grade. , The Committee agreed unanimously to request that Brachtel be present at g the next meeting to discuss the redesigning of the intersection. Turner i pointed out that after talking to the engineer we might be convinced that the "Greenwood Bias" was not possible. They also asked that Farmer be present to discuss his memo on the widening of Melrose Court as they felt there were many questions raised by it. Hart said she would like Engineering to explain the function of the tail on the island as it was shown on the map. Perret said perhaps they could discuss adding a spur to the lower corner to make turning from Myrtle even more difficult. He reiterated that he felt the intersection could be designed so that the turning prohibition would be readily obeyed. i36o MICROFILMED BY JORM MIC RLAB CEDAR R.PIDS • DES MOINES MINUTES MELROSE CORRIDOR COMMITTEE JUNE 26, 1980 PAGE 3 BYINGTON EXTENSION Kammermeyer stated that there were no preliminary cost estimates available on the Byington extension. Perhaps they will be ready by the next meeting. I I ENGINEERING j I Kammermeyer stated that unless some aspects change, such as the vacancies in Engineering being filled or some presently slated projects being postponed, the Committee will not receive the detailed Engineering reports they have requested very soon. He felt the major concepts that needed Engineering input were adding the bus lane on South Grand and widening Melrose. Unless a consulting firm is hired, this Engineering information will not be available until Fall. Boothroy added that Council has asked for detail, phasing timing, and the cost of a consulting firm. Perret pointed out that one position in Engineering had been filled. t Kammermeyer outlined what he saw as the Committee's two options: 1) after looking at a few more items, the Committee could adjourn until Fall when the Engineering detail is available; 2) the Committee could finish their j discussion of the items and recommend concepts without the Engineering it detail. Kammermeyer added that Bezanson was willing to agree to recommending concepts and that the University would be willing to work out ++ the slight encroachmentsmentioned in previous meetings. 1 r Perret stated that there was no opposition to recommending concepts for ! Melrose Avenue and Byington but that Melrose Court called for attention to detail. He added that while he agreed basically with recommending i concepts, he wanted the Committee to discuss how they would link the j reopening of Melrose Court to the improvements on Melrose Avenue. a Kammermeyer stated that he felt a conflict between wanting to have the Engineering detail before making a final decision and the need to act i expediently so that the recommendations on the traffic circle did not come E in months later. Wolraich emphasized that the proposed improvements on Melrose Court will be undercut if improvements are not made on Melrose g Avenue because cars will try to avoid the congested situation on Byington f and Grand. Vetter pointed out that there will be a time when the improve- ments are being made that people will use Melrose Court and that they will i again have to go through a retraining process which will cause some difficulties. Kammermeyer stated that he saw the rounding of the corner at Byington and Grand and the addition of lanes on Grand as the most urgently needed improvement to cut down on congestion. Hart stated that the Committee should put a time sequence on their recommendations. She felt it was important that the Byington/Grand improvements be made before Melrose Court is opened; that she was definitely opposed to waiting until 1981-82. She pointed out that pressure existed now in City Council to have Melrose Court reopened and that perhaps that pressure could be used to speed up the improvements on I lL o MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES MINUTES MELROSE CORRIDOR COMMITTEE JUNE 26, 1980 PAGE 4 Byington and Grand. Perret responded that perhaps the Committee could recommend that Melrose Court be reopened only when the corner at Byington and Grand had been improved. That way pressure could be brought to bear to have the improvements made early in FY81. Hart rejoined that she liked the concept but did not want a delay until 1982. Blum stated that he came to the meeting in response to Kammermeyer's report at the P&Z meeting. He cautioned the Committee not to link the reopening of Melrose Court with expensive improvements. He felt that if such expensive prerequisites were posited, the Council might simply reopen Melrose Court without making any improvements. He went on to say that he felt that P&Z had made that mistake by recommending an economically unfeasible suggestion and that the Council had ignored the entire package. Perret rejoined that he felt the Committee was not making economically unfeasible recommendations. Blum answered that some of the recommendations were very feasible such as stop signs, NO LEFT TURN signing, and redesigning of the intersection at Greenwood and Myrtle but that sidewalks and widening of Melrose were more expensive. Perret stated that Engineering was obviously very busy this summer but that certain questions needed to be answered. Is there enough money in the budget to hire consultants? Can some of the work be re -allocated? For example, the Scott Boulevard project in which paving appears to have been delayed. This in turn means some Engineering time should be freed up. Perhaps it can go to work on the Grand/Byington corner. Wolraich added that P&Z took a position which was in opposition to the Council's and that much of what the Committee was recommending was in line with Council's general position. He reiterated that if improvements are not made on Melrose Avenue, much of the Melrose Court improvements will be sabotaged. He pointed out that the main immediate improvement they were requesting was the improvements at Byington and Grand and that the Council had already approved that idea. Perret stated that there were four votes in Council to reopen, but that he did not think Council would be so rash as to resent contingents to reopening. He said those in favor of reopening did not want to do so under unsafe conditions. He added that some were incensed about the delays on Grand and Byington already. Turner asked Blum if he suggested that the Committee recommend reopening Melrose Court without linking it to improvements on Melrose Avenue. Blum said no. Turner pointed out that his . was a somewhat contradictory position. Blum recommended that the Committee look at phasing, especially the affordable aspects so that they could get their package moving. Again, he cautioned them not to take a hard line - all or nothing position. Perret said that he felt the minimum they could ask for would be the improvements already recommended on Melrose Court, plus the completion of improvements on Byington and Grand. 1346 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES MINUTES MELROSE CORRIDOR COMMITTEE JUNE 26, 1980 PAGE 5 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES A member of the public complained that the Byington and Grand corner improvements kept getting pushed back even though when he talked to IlnImcr and members of the Council, they indicated that they would be completed soon. Perret answered that the Council itself was disgruntled with the delay. Boothroy said that the confusion came over the fact that the project is slated for FY81 which some people took to mean summer of 1980 rather than summer of 1981. i Kammermeyer stated that if there will be no paving done on Scott Boulevard this summer perhaps the paving could be done on the Byington and Grand corner. Perret stated that the Council must insist on its high priority. Wolraich moved that the Committee recommend that the reopening of Melrose Court be contingent upon the completion of the improvements to Melrose f Court recommended by this Committee and the completion of the improvements to the Grand Avenue and Byington intersection area. These improvements should be given top priority and be completed this calendar year. Perret seconded. Turner asked if the Committee was really ready to make such a strong @@ statement to the Council. She pointed out that the Committee had not yet investigated all the improvements and that no matter how the resolution was worded it could be interpreted that the Committee was recommending the reopening of Melrose Court if improvements are made on Byington and Grand. Perret stated that Kammermeyer will present the recommendation in a reasonable way pointing out that traffic has to be limited to 1,000 to 15,000 cars daily, and that the recommendation is linked to the R improvements on Melrose Court. Turner pointed out that the reopening of Melrose Court is not on the Council's agenda. Perret answered that they could put it on. Hart stated that if the Council is going to vote on reopening Melrose Court this week,then this recommendation will not be followed. If they are not reopening immediately, then the recommendation is premature and she would oppose it. Turner said that if they vote on the reopening this Tuesday, this recommendation will be ignored. Because the Committee has not yet thoroughly investigated all aspects of the improvements, for instance NO LEFT TURN signing, they are not really ready to make this recommendation. Wolraich withdrew the motion asking Perret to convey to the Council that i the Committee had not completed their recommendatoins. Members agreed that the issue of signing on Melrose Court was contingent f on the widening of Melrose Avenue and the redesign of the intersection at I i Myrtle and Greenwood Drive. iMembers further agreed that the improvements of the intersection at Grand i and Byington should have top priority. Vetter added that P&T had i MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES n MINUTES MELROSE CORRIDOR COMMITTEE JUNE 26, 1980 PAGE 6 recommended that no other project should have a higher priority. Perret requested a memo from P&Z to Council stating that position. A member of the public and some Committee members expressed the feeling that perhaps there was opposition to the intersection improvements within the staff and that was causing delays. Meeting adjourned at 10:15. Prepared by: Andrea Tyler Minute Taker Approved by: O~il.l� ( %,,,� i),. -�,J J Isabel Turner Secretary MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 13L0 tLQr)r,F r0li1IT U) DRIVE WAY rAr S. of ,069 of MI fX(RTLE SCALE: I"=20' MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS - DES MOINES MELROSE CORRIDOR COMMITTEE Corrections to the minutes May 8, 1980 Page 1 Add "OTHERS PRESENT: Richard Blum " after STAFF PRESENT Paragraph 3 - sentence 2, Change to read "Present plans call for delay in constructing the road to the arena from the Rocky Shore Drive inter- section to Woolf Avenue." Page 2 Sentence 1 - Change "stall" to "stalls." Insert "The Committee expressed sharp reservations about access from Byington for the service drive." Paragraph? - sentence 1, Change to read "Ms. Turner questioned whether the widening of Grand Avenue to two lanes eastbound from Byington east, as was suggested, would resolve the traffic congestion at Grand Avenue and Riverside Drive." Paragraph 8 - sentence 1, Insert presently between "congestion is" and "not a major problem" Paragraph 8 - Insert "Concern was expressed that the traffic light cycle was too brief for east -bound traffic on Grand Avenue " as the final sentence of the paragraph. Page 3 Paragraph 2 - sentence 3, Delete "never sent to nor" and substitute "not" so that the sentence reads "He finally mentioned that his proposal was not discussed by the City Council..." MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1366 A i a MELROSE CORRIDOR COMMITTEE Corrections to the minutes May 8, 1980 Page 1 Add "OTHERS PRESENT: Richard Blum " after STAFF PRESENT Paragraph 3 - sentence 2, Change to read "Present plans call for delay in constructing the road to the arena from the Rocky Shore Drive inter- section to Woolf Avenue." Page 2 Sentence 1 - Change "stall" to "stalls." Insert "The Committee expressed sharp reservations about access from Byington for the service drive." Paragraph? - sentence 1, Change to read "Ms. Turner questioned whether the widening of Grand Avenue to two lanes eastbound from Byington east, as was suggested, would resolve the traffic congestion at Grand Avenue and Riverside Drive." Paragraph 8 - sentence 1, Insert presently between "congestion is" and "not a major problem" Paragraph 8 - Insert "Concern was expressed that the traffic light cycle was too brief for east -bound traffic on Grand Avenue " as the final sentence of the paragraph. Page 3 Paragraph 2 - sentence 3, Delete "never sent to nor" and substitute "not" so that the sentence reads "He finally mentioned that his proposal was not discussed by the City Council..." MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1366 A MELROSE CORRIDOR COMMITTEE Corrections to the minutes May 29, 1980 _ j Page 1 - Paragraph - sentence 1, Delete "which is pretty much a given." Insert the new sentence "Kammermeyer stated that four members of the City Council are committed to opening Melrose Court and that the Committee should take as given that it will be opened." Page 2 Paragraph 1 - sentence 4, Delete "The Melrose Court Association" and insert "and he" so that the sentence reads "Wolraich stated that he felt that th1s was the principal problem and he did not object..." Page 3 Paragraph 2 last sentence, Delete the final word "raised" and insert "increased." Page 6 Paragraph 2 - sentence 4, Insert "Court" after "Melrose" MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES r36o n MELROSE CORRIDOR COMMITTEE Corrections to the minutes June 12, 1980 Add Hart to the members present. Page 2 Line 11-iChange "Chariperson" to Chairperson Paragraph 2- Add "The Committee agreed to delete the sentence "However, Bezanson said that the University had to be realistic about future I possibilities and that in the future, options for the diagonal would be considered " from page 2 last paragraph under MELROSE DIAGONAL of the May 22, 1980 minutes " after sentence 3 Paragraph 2 - Add "He (Perret) also felt the minutes should lindicate that the Committee had not taken any stand as to the issue of widening Melrose Avenue " after sentence 4. Paragraph 3 - sentence 2, Delete "In informal discussion with Berlin" Paragraph 3 - sentence 3, Delete "to Berlin" Paragraph 5 - Change to read "That the curve geometrics at Melrose Avenue and Byington and the widening of the curve at Byington and Grand be made low priorities because the Committee could recommend the concept of the curve geometrics at Melrose and Byington without the detailed engineering work and the widening of the curve at Byington and Grand is already in the FY81 budget." Page 3 Paragraph 2 - Add at the end of the paragraph "No action was taken on the priorities at this time." Paragraph 6 - Delete last (second) sentence. Change first sentence to read "Turner asked him to clearly state if the neighbors would "object to widening the street." Page 4 Paragraph 1 - sentence 3, Change "corner" to "curve" Paragraph 1 - sentence 5 , Delete 'only" Page 5 Paragraph 3 - Insert "Objections were raised that this would limit access to the apartments on Myrtle Avenue" after the first sentence. Page 6 Paragraph 4, sentence 3 - Delete this sentence (Vetter objected to half- way measures") and insert Vetter felt NO LEFT TURN signing would not be enforceable. Paragraph 6, sentence 1, "accepted" changed to "acceptable" Page 7 Paragraph 8, sentence 1, "Dean" be changed to "Gene" MICROFILMED BY JO RM MIC R+LAB CEDAR RAPIDS • DES MOINES 1360 MELROSE CORRIDOR COMMITTEE Corrections to the minutes June 12, 1980 Page 8 Paragraph 3, sentence 2-"sidewlaks" be changed to "sidewalks,- Page sidewalks"Page 10 Paragraph 8, sentence 1 - "conside° changed to "consider" Paragraph 6 ( First item of public discussion) - Insert Kammermeyer stated that he had been advised that the Council was going to discuss the reopening of Melrose Court in the near future and that he had been under pressure to get the Committee recommendations on Melrose Court so that they could be forwarded to Council. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES i36o MINUTES IOWA CITY HOUSING CODE TASK FORCE JUNE 25, 1980 MEMBERS PRESENT: Rachel Dennis, Norman Bailey, Mark Hamer, Dan Cross, Jim Barfuss, Margaret Nowysz, and Goldene Haendel MEMBERS ABSENT: Bobbie Farrell, Diane Klaus STAFF PRESENT: Terry Steinbach, Linda Woito OTHERS PRESENT: Melody Myer 1• Meeting to order at 7:30 P.M. II. Woito presented explanations to legal questions, the following are her recommendations: a• The owner occupied structure should be included in the Housing ' Code, however, administration and enforcement could be by complaint only. b. Enforcement provisions may bedetermined by the municipality rather than adopting those found in any model code. C. Variances should be provided for on a case by case basis. d• No less stringent amendments should be written to an adopted model code. e. The requirements concerning congregate housing and individual group residences do not transfer by definition to multiple dwellings or rooming houses. f. The APHA Housing Code should be adopted as it is better written, more consistent, and a more reasonable set of standards than the other codes. III. Steinbach announced the League sponsored Housing Code workshop to be held July 17, 1980. Several Task Force members decided to participate. IV. Steinbach presented brief explanation of proposed Zoning Code amendments. V. Further discussion of Chapter 17-4 concerning: a. Required ventilation and screen doors. b• Vent exhaust into outdoor spaces vs. into properly ventilated attic space. C. Minimum area for sleeping rooms. VI. Discussion surrounding resident operator in rooming houses. VII. Adjournment, 9:30 P.M. Prepared ' Approved by:. 01tA4 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 1361 li i A A I MINUTES IOWA CITY HOUSING CODE TASK FORCE JUNE 25, 1980 MEMBERS PRESENT: Rachel Dennis, Norman Bailey, Mark Hamer, Dan Cross, Jim Barfuss, Margaret Nowysz, and Goldene Haendel MEMBERS ABSENT: Bobbie Farrell, Diane Klaus STAFF PRESENT: Terry Steinbach, Linda Woito OTHERS PRESENT: Melody Myer 1• Meeting to order at 7:30 P.M. II. Woito presented explanations to legal questions, the following are her recommendations: a• The owner occupied structure should be included in the Housing ' Code, however, administration and enforcement could be by complaint only. b. Enforcement provisions may bedetermined by the municipality rather than adopting those found in any model code. C. Variances should be provided for on a case by case basis. d• No less stringent amendments should be written to an adopted model code. e. The requirements concerning congregate housing and individual group residences do not transfer by definition to multiple dwellings or rooming houses. f. The APHA Housing Code should be adopted as it is better written, more consistent, and a more reasonable set of standards than the other codes. III. Steinbach announced the League sponsored Housing Code workshop to be held July 17, 1980. Several Task Force members decided to participate. IV. Steinbach presented brief explanation of proposed Zoning Code amendments. V. Further discussion of Chapter 17-4 concerning: a. Required ventilation and screen doors. b• Vent exhaust into outdoor spaces vs. into properly ventilated attic space. C. Minimum area for sleeping rooms. VI. Discussion surrounding resident operator in rooming houses. VII. Adjournment, 9:30 P.M. Prepared ' Approved by:. 01tA4 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES 1361 n MINUTES IOWA CITY HOUSING CODE TASK FORCE JULY 2, 1980 MEMBERS PRESENT: Rachel Dennis, Goldene Haendel, Norman Bailey, Dan Cross, Bobbie Farrell, Margaret Nowysz, Diane Klaus, Mark Hamer, Jim Barfuss MEMBERS ABSENT: None. STAFF PRESENT: Terry Steinbach, Michael Kucharzak OTHERS PRESENT: Melody Myers I. Meeting to order at 7:25 P.M. II. Tentative� poll: The adopted Code shall apply to all residential structures with specific requirements determined according to use. III. Tentative poll: The HUD "housing quality standards" should be recommended to Council for adoption. IV. Nowysz suggestion: A "response form" should be included with the notice Of violation which could be filled-in and submitted to the Clerk for an appeal. V. Discussion: Rooming house definition, requirements of operator, effects of proposed Zoning Code amendments, and responsibility for control Of occupancy and correction of Code violations. VI. Adjournment, 9:30 P.M. Prepared by'zz Approved by:'�n/ U MICROFIL14ED BY JORM MICFV+LAB CEDAR RAPIDS • DES MOINES 136 1 f I i n MINUTES IOWA CITY HOUSING CODE TASK FORCE JULY 2, 1980 MEMBERS PRESENT: Rachel Dennis, Goldene Haendel, Norman Bailey, Dan Cross, Bobbie Farrell, Margaret Nowysz, Diane Klaus, Mark Hamer, Jim Barfuss MEMBERS ABSENT: None. STAFF PRESENT: Terry Steinbach, Michael Kucharzak OTHERS PRESENT: Melody Myers I. Meeting to order at 7:25 P.M. II. Tentative� poll: The adopted Code shall apply to all residential structures with specific requirements determined according to use. III. Tentative poll: The HUD "housing quality standards" should be recommended to Council for adoption. IV. Nowysz suggestion: A "response form" should be included with the notice Of violation which could be filled-in and submitted to the Clerk for an appeal. V. Discussion: Rooming house definition, requirements of operator, effects of proposed Zoning Code amendments, and responsibility for control Of occupancy and correction of Code violations. VI. Adjournment, 9:30 P.M. Prepared by'zz Approved by:'�n/ U MICROFIL14ED BY JORM MICFV+LAB CEDAR RAPIDS • DES MOINES 136 Johnson county •'• � regional planning commission W�• Herbert N n1c orison 1 Cn • 2sanh oubuque sheet, iowacM.�owo 52240 (J19)J51-8556 Bary Hokonson t.n,cwhuca July 8, 1980 MEMO TO: John Balmer, Mike Kattchee, James Stehbens, Harold Donnelly, Herbert Jordan FROM: John Lundell We have finally received a reply from Senator Culver concerning our request for his assistance in obtaining early census information for Johnson County. Unfortunately, his reply was not encouraging. It seems the Census Bureau sees little chance of our receiving this information before the Federal fiscal year begins on October 1. Our last hope for early urbanized designation appears to be with Dr. David Forkenbrock, a professor in the Urban and Regional Planning Department. Mr. Forkenbrock'is contacting some close friends he has in the upper ranks of the U.S. DOT concerning our desire for early designation. I will keep you informed as to his progress. We should, however, be receiving unofficial local review counts within the next few days. We will have only ten days after receiving these preliminary counts in which to question or challenge them. Therefore, it is important i to act quickly in reviewing these counts. If Regional Planning can be of any help or answer any questions, feel free to contact us. Thank you. i , II I 136 a j MICROFILMED BY JORM MICRLA r CEDAR RAPIDS • DES MOINES - _ 1 E y b t I 0 JOHN C. CULVER1 I -A ARMED SERVICES [NVIRONMCNt ANO•USIIC WORKS JUDICIARY NLECT COMMIT rc ON SMALL SU.IN[!! J�frttfeD .�fafes .�en:.fe WA.IMINOTON. O.C. E03IO JOIitC50N C6UN7y JUL 2 1980 PLANNING COMiMIS510N Mr. LundellJune 27, 1980 Johnson County Regional Planning Comm. 22 1/2 South Dubuque Street Iowa City, Iowa 52240 Dear Mr. Lundell: I am writing with regard to your inquiry into the possibility Of Johnson County receiving an expedited report from the Census Bureau, in order to qualify for the Standard Metroplitan Statistical Area designation. As my staff informed you in a June 27th phone call, I con- tacted the Census Bureau on your behalf. Unfortunately, there is no provision in Census Bureau procedures for accelerated counts on a county basis. I am enclosing the responses which I received from the Censuation whichsIBureau, enclosed sadditional hopewill provehelpfulinexplainingnthemCensus Bureau procedures for the 1980 Census. I am sorry that my response to your inquiry could not have been more positive. If I can be of any future assitance on this matter, or others, please do not hesitate to contact me. Best wishes. S�Jerely,%� OF JCC: mb JOHN C. CULVER Enclosure. MICROF7BjJORM MCEDARRAPIDS � 36a h t �^' UNITED STg7i. Ip�pgRTG1ENT OF COMM17ERCE +� purcau of the Census `? �e Jr Washington.OC 20233 � -- i co OFFICE OF THE OIRECTOR JUN 2 5 1980 Honorable John C. Culver United States Senate Washington, D.C. 20510 Dear Senator Culver: This is in reply to your letter of May 20 concerning the 1980 census. Every effort will be made to tabulate 1980 census data as early as possible. However, our plans will be to process entire States. In accordance with reported to the President on or be title 13, United States Code, counts for apportionnent purposes must be fore December 31, 1980. Therefore, the time and resources when data will be available for Iowa will largely depend upon the completion of the field work in relation to other States. However, 1t is unlikely that tabulations will be available by October 1, 1980. If we can be of further assistance, please let us know. Sincerely, VINCENT P. BARABBA Director Bureau of the Census MICROFILMED BY ' JORM MICR+LAB CEDAR RAPIDS - DES MOINES 136a M ■ /" , ,f N e i._ uNITED STATI�DEPARTrIENT OF COh1h1ERCE �Iy�j,�J Bureau of tho L.:nsus e f11 Woshington, D.C. 20233 Nnis o OFFICE OF THE DIRECTOR JUN s 1980 Honorable John C. Culver United states Senate Washington, D.C. 20510 Dear Senator Culver: A major phase of the 1980 census enumeration is nearing completion. The Census Bureau is now preparing to embark on the Local Review Program, a new and important effort between local government officials and the Bureau to help assure the most complete and accurate count possible. _ Durino the latter part of April and early in May, the Bureau sent to all local units of government technical guidelines and maps to enable them to prepare for the review which beeins sometime this month in most areas. A copy of the Informational Booklet included in that mailing which describes the program in greater detail is enclosed. h'hen the local review counts are made availahle to these officials, a formal review period of 10 working days will be provided. we expect that local areas will report all of the problems within the allotted time. If additional serious problems arise during the review following the 10 -day Period, such Problems will be checked to the extent possible. The Census Bureau is allowino about 4 weeks to resolve reported problems; therefore, a total of about 45 calendar days is available for identification and resolution of problems. This time frame cannot be extended any further since, according to law, the Bureau must process all questionnaires and produce final counts no later than December 31, 1980. Our field organization is ready to cooperate to the extent possible with local officials in order to complete the review process within the allotted time. At the stage in the census when local review counts are produced, the counts are not final. Further field operations will be underway while the local review counts are beina reviewed. These operations could change the counts for an area and they may be higher or lower than those which are reviewed by local officials. In addition, counts will change as legal boundaries are redrawn and population reassigned to coincide with official boundaries as of January 1, 1980. The final counts will reflect the 1980 boundaries. There- fore, local ceview counts are unofficial and are not intended to satis� 40Y legal pwrpQ,*.ps, such as redistricting. For these reasons and the Bureau's commitment of personnel and other resources to producing the final 1980 census results, the local review counts may be obtained only through the highest elected official in each unit of government. MICROFILMED BY JORM MICR+LAE1 CEDAR RAPIDS • DES MOINES 13G -a Honorable John C. Culver 2 Because the local review process is tightly scheduled with critical deadlines, local officials alone are responsible for coordinating reports to the Census Bureau about problems. questions reqarding the counts for an area must be channeled through the local officials; the Census Bureau cannot honor direct inquiries from other sources. In the event that you receivequestions from mayors or okher�local officials on this program, please contact the Census Regional Officeso _reonsible for the census in your State. istT ing of States in each Census Revional Office is enclosed along with a listing of officials in these offices. Thank you for your continued interest in the 1980 census. If we can be of any assistance to you, please let me know. Sincerely, VINCENT P. BARABBA Director Bureau of the Census 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES J i J NEWSLETTER For Lower Ralston Creek Neighborhood SLIMMER 1980 During the past few months staff of the Department of Planning and Program Development have received questions from many of you about the future of the Lower Ralston Creek Neighborhood Improvement Project, and how the project is progressing. This newsletter is intended to answer some of the most frequently asked questions. QUESTION: Will the federal budget for the community development program be cut? ANSWER: Although some federal programs have been cut, the HUD monies which fund programs such as our Small Cities project have not been reduced. We expect the project to be fully funded through the whole three year period. QUESTION: Will the project continue as planned? ANSWER: Yes. We are fairly well on schedule with Phase I acquisition and relocation activities, and have begun Phase II appraisals. We expect to have sufficient funds to purchase all the necessary properties to carry out the Ralston Creek improvements as planned. QUESTION: When will you be buying my property? ANSWER: As indicated previously, property owners in Phase II (0. Peterson, W. Hieronymus, B. Rittgers, J. Anderson, T. Nereim, R., 0. and J. Callahan, M. Alexander) can expect to receive purchase offers no later than August 25, 1980. Property owners in Phase III (J. Vedepo, J. Croker, J. Graham, R. Davin, B. Campion) can expect to receive purchase offers by the end of February 1981. If the purchase offer is accepted, closing proceedings can take place as soon as the title abstract is brought up to date. QUESTION: When do I have to move? ANSWER: We hope that all Phase I residents and businesses will have moved by August 31, 1980. Some have been notified that they must move by July 31, 1980 so that gas lines at the Benton Street bridge can be relocated. In general, everyone has about six months to complete a move. However, the sooner you move, the more time City staff will have to work on setting up the creek improvements. On the other hand, no one will be forced to leave if they have not found a suitable replacement housing or business relocation site. QUESTION: Can I move now? ANSWER: No, if you live or have a business on property scheduled for Phase II or III acquisition. You must remain in the property until you receive a displacement notice from the City. These notices will be sent out as soon as purchase offers have been made on the property. If you move before you receive a displacement notice, you will not be eligible for relocation benefits. However, you can certainly start looking for possible replacement housing or business relocation sites at any time. QUESTION: How do I know what benefits to claim? ANSWER: A staff member will set up appointments with all Phase II owners, tenants and businesses in late July 1980, to give you that information and answer questions. CITY OF IOWA CITY 354-1800 1363 CEDAR RAPIDS • DES MOINES QUESTION: Can I have first refusal when my present property is eventually resold for commercial use? ANSWER: No. After creek improvements are complete, most parcels of land will have been changed in site and improved. Parcels will be reassembled into lots suitable for commercial use and will then be sold on the open market. Staff Changes Susan Sandro has returned to Ohio after spending one year on our staff. Her place has been taken by Kelley Vezina (extension 324) who is assisting with relocation activities. Bruce Knight (extension 301) is mainly responsible for acquisition activities, and Marianne Milkman (extension 312) is in charge of coordinating the Small Cities project. For more information or help, please call any one of us. CITY OF IOWA CITY DEPT. OF PLANNING R P:;r)^ DEVELOPMEIii' Clll;; CENTER IGIVA CITY, IA. 52240 E el MICROFILMED BY JORM MICR46LAF3 CEDAR RAPIDS • DES MO RTES [IOWA ULB RATE , S. POSIAfI PAID CI f Y, IOWA Permit Na I'-', 1-, 111�1 MINUTES OF STAFF MEETING June 18, 1980 Referrals from the informal and formal Council meetings of June 16 and 17 were distributed to the staff for review and discussion (copy attached). Items for the meeting of July 1, 1980, include: Human Services Contracts Capital Improvement Projects Resolution awarding Washington Street Bridge Deck Replacement School Crossing Guard Agreement First consideration for ordinance vacating alley for HyVee Public Hearing on plans for Lower City Park Bike Trail Lease of Johnson County Fairgrounds Storage Building The City Manager noted that the staff had received copies of a memorandum regarding the annual report of boards and commissions. The department heads were asked to coordinate with the boards/commissions regarding these reports. Drew Shaffer, Broadband Telecommunications Specialist, talked briefly about the character generator. Meetings will be held to acquaint representatives of each department with the character generator. Chief Miller advised that the personnel manual draft is being reviewed by the committee before it is distributed to the staff. The revised draft should be ready within two weeks. The first meeting of the Affirmative Action Task Force was briefly discussed. The date of the meeting was changed and the City Manager's Secretary was requested to notify members of the Task Force. The staff was advised that the phone company wants to put a public phone at Sturgis Ferry Park. It would be on the right-of-way and would be installed at no cost to the City. The Director of Parks and Recreation advised that the Regional Planning Commission will be discussing funding of human services for the next fiscal year (FY 82) and asked if the City will have any funds for this purpose. He also advised that the baseball groups which have been funded during the past few years have objected to filling out such complex forms and that the funding for baseball groups should be included in the Parks and Recreation budget for FY 82, Pre ared by: cz5z .�Lj Lorraine Saeger Q i MICROFILMED BY JORM MIC RLAB CEDAR RAPIDS . DES MOINES 136Y i IU4 n "R 0 Informal Council Meeting .June: -16, 1980 DEPARTMENT REFERRALS MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I O Uj SUBJECT DATE RECD REFTEo To DUE oUE � W COMMENTS/STATUS 9 W W Q Boyrum Street to be 36 feet width. Resubdivision - Braverman Center, 6-16 P&PD parts 1 and 2 Melrose Court 6-16 Public Wks/ P&PO For informal discussion on 6-3817. Engineering and Melrose Corrido. Committee to be represented. Parcel 82-1b Urban Renewal 6-16 P&P' Prepare for rebidding process with option to use industrial revenue bonds. Inform Council of schedule. Finance/ Reactivate siren if legal concurs Lincoln School Siren 6-16 Legal with recommendation. Council goal setting session 6-16 Information Week of July 7 - 11, 1980 E West Overlook Bus Run 6-16 Parks & Rec Not approved by Council. Library Contract Revenue 6-16 Library/ I Discuss with Council at future Finance informal session. Investigate problem of kids Governor Lucas Square Fountain 6-16 Parks & Rec wading in fountain and signing, etc. to curtail this practice. Step at entrance does not meet side - Parking Ramp A 6-16 Finance/ walk - correct. Also check on time Public Wks clock for interior lights for __ _ __ _ roper operation. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I .Informal Council fleeting June 16, 1980 DEPARTMENT REFERRALS Page 2 SUBJECT DATE RECD REFERRED To DATE DUE O a F w W M COMMENTS/STATUS L Senior Center Contract with County 6-16 Sr. Center Coordinator What is status? Paving Policy 6-16 P&PD Review and revise policy for commercial zones to include parking prohibitions. Jaycees Carnival y 6-16 City hlgr 91 Letter to Jaycees regarding location of carnival other than on street. !! Zoning Ordinance Amendment 6-16 H&IS/ P&PD Memo to Council explaining { changes regarding rooming units y in multiple dwellings. i f. i t MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES Regular Council Fleeting "June -17, 1980 DEPARTMENT REFERRALS MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES — W � SUBJECT DATE REVD REFERRED To DATE DUE ~ COMMENTS/STATUS U W Amended Ordinance - yard regulations 6-17 H&IS Waived 3 readings. Passed and adopted. I City will fund necessarypoliceO July 4th Fireworks 6-17 Police for traffic this year only. tlemo to Council regarding comparison of home football games. Notify Airport Commission City will pay this year only. Equipment Storage 6-17 Public Wks Why storage at Fairgrounds for 10 months, not winter only. Deferred. Place on July 1, 1980, agenda. Five-year CIP 6-17 Finance Item deferred - submit current CIP for July 1, 1980, agenda. Sidewalk Damage 6-17 Public Wks Damage by Iowa -Illinois along n .-, library construction site fence Boards and Commissions 6-17 Lorraine Copies of notices of vacancies on boards and commissions to NAACP. Freeway 518 Schedule 6-17 City Manager Letter to IDOT on City's position re. schedule delay. Include � agreement with West Side Company n and Riverside and intersection of -- 1, 6, 218. MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS • DES MOINES w Regular Council Meeting 'Ju6e17, 1980 Page 2 DEPARTMENT REFERRALS SUBJECT DATE RECD REFERRED To DATE DUE Q ~ 9 � W COMMENTS/STATUS Melrose Corridor 6-17 Public Wks Provide cost estimates for 1) engineering consultant for Byington and Grand Avenue widening; Byington improvements only. Di SSS at informal meeting of 6-30-80 Sidewalk repairs 6-17 H&IS Provide City Manager with other possible sidewalk repair projects due to low bid prices. �i i MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 MINUTES OF STAFF MEETING June 25, 1980 Items for the agenda of July 1 include: Resolution amending fees for Police services. Set public hearing on annexation agreement with Hills, Iowa. Resolution to approve Braverman Center Addition. Resolution to approve Empire Addition. Set public hearing on vacation of Pickard Street. The Assistant City Manager advised staff regarding proper calculations for management staff cost -of -living and merit increases. He also provided information regarding a tentative pay plan for confidential employees. This plan establishes steps within each range and the Assistant City Manager will meet with supervisors to discuss individual step placement and evaluation dates for all affected employees. Payroll change forms for management and confidential employees should be dated effective on July 5, 1980 to conform with the beginning of the pay period. The question of management salaries arose and it was stressed that comparability for cost -of -living should reflect 4.2% rather than 9.2% since up to 5% is for regular merit and movement through the pay range. The Energy Coordinator gave a short presentation on the City's FY81 energy conservation program. i 136( MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I i 0 MINUTES OF STAFF MEETING June 25, 1980 Items for the agenda of July 1 include: Resolution amending fees for Police services. Set public hearing on annexation agreement with Hills, Iowa. Resolution to approve Braverman Center Addition. Resolution to approve Empire Addition. Set public hearing on vacation of Pickard Street. The Assistant City Manager advised staff regarding proper calculations for management staff cost -of -living and merit increases. He also provided information regarding a tentative pay plan for confidential employees. This plan establishes steps within each range and the Assistant City Manager will meet with supervisors to discuss individual step placement and evaluation dates for all affected employees. Payroll change forms for management and confidential employees should be dated effective on July 5, 1980 to conform with the beginning of the pay period. The question of management salaries arose and it was stressed that comparability for cost -of -living should reflect 4.2% rather than 9.2% since up to 5% is for regular merit and movement through the pay range. The Energy Coordinator gave a short presentation on the City's FY81 energy conservation program. i 136( MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES I MICROFILMED BY JORM MICR6LAB CEDAR RAPIDS • DES MOINES Benefits Once approved, each sponsoring organizalion Is eligible to receive up to $30,000. The money is used to hire a city -approved and trained professional to serve as liaison between block club members and the city. That person's responsibilities include leading residents to other government and pnvate funding sources for help in improving their homes and neighborhoods . The Mini -Zone Program offers city -sponsored workshops to teach residents how to make minor home repairs. And a technician, such as a plumber or electrician, can be hired to hold how-to work- shops lot more difficult repairs. Since it was estab- lished about $500,000 of the city's CDBG dollars have been pumped into the program, with 11 com- munity organizations actively participating. Achievements of Van Buren Block Club Fillh City's Van Buren Block Club members began their spnlce-up campaign by preparing a land -use map Of their area and deriding what changus they wantnd. Club members then set to work. First, they planted 25 trans donated by their area's polilical ward. Then, working with tfle city -(rained stallor, the - Club members persuadorl the city to contribute most of the lunds needed to repair sidewalks, pick- ing up about one-fourth of the expense themselves. A new pride was in the air. More changes look place as each Saturday became clean-up day. Squads of volunteers, armed with brooms, shovels and trash cans swept the streets and vacant lots. r Enthusiasm Spreads The Mini -Zone Program has the added ellecl of stimulating the birth of new block organizations and also serves as an inspiration to existing club members to do more. For example, nine families in the 3500 Van Buren Club—encouraged by the neighborhood's new look —have asked for help in financing major home re- pairs. In addition to CDBG funding, assistance is available from HUD's Rehabilitation Loan (Section 312) Program' and the Department of Energy's (DOE) Weatherization Assistance Program.' An additional boost to eager famiiies comes from the city's Neighborhood Rehabilitation Services, which receives funds from the Department of Labor's C.omprehenslve Employment and Training Act (CETA) Program' to hire and train workers to repair homes that do not meet city code requirements. Expansion Block clubs like 3500 Van Buren are spreading to nearby streets. Other neighbors see their achieve- ments arid. with the help of Fifth City, they too are learning how to organize their own block associa- tlonS. With the $20,000 in Mini -Zone funds targeted for Fifth City In 1980, the gruup hopes to organize five more block clubs. Moreover, the city government has been so im- pressed with the work of Fifth City's block clubs that it is providing CDBG funds and CETA workers to help area residents launch a maintenance corps to insure that local improvements are kept up. The Filth City group expects the block club concept to spread around the country. The Chicago model, they believe-, can also work for other areas. Other Improvement Efforts I Some citizen groups are organizing to improve the ap- pearance of their cities. For instance, in Iowa City. Iowa Project GREEN (Grow to Reach Environmental Excell. r ence Now), a nonprofit, loosely structured group of local residents, contributed $200,000 in planling mater- ( ials, volunteer labor and other services to Iowa City be - (ween 1968 and 1979. Working with the city and county governments and local schools, hundreds of Project GREEN volunteers have spruced up the city by planting trees along major streets, beautifying unused downtown lots with mini -parks and other landscaping projects. Funds are raised from Project GREEN's annual plant sale as well as from donations by Individuals, local groups and businesses. Projoct GREEN Civic center 410 East Washington Slrecl Iowa city, Iowa 57240 (313) 354.1800 ' Group>+DD11mg for Mmr$On0 sld]vf must Ce nOnprJnl dnd LUnSCd to 0o business w01un me star., of Iler'n; Tne DfpYlmenl of HOuemg a10 Urban DemlOpmenl s lHUDI COmm.nny Delel00menl Black Dom CDOG, prop....' f..n1s am 1 TmnfE 10 61f CeSig 4160 DOmmumlr Derer00menl a@aS wp.Cff M mOS1111yw. MOmtl nN0004 nOM1S wdn muCp IOw FN]f nCYPn'y ' Srale endlOr local government agenvesare 1181f,01111 1.5p.n3lble 101 AdmrmsllalfOn of Fede•ar pmgrym lump For I.,.INr information. see Appends I under sop,opnale Fede,at agency. NOTE. For a Comptale bsling of grOU;S fealuled lNOYghoul Me coal, see Intler 151 i I MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS a DES MOINES r i r Pago Page 314 On Lok Senior Health Services 205 People's Alternative Energy Services, Inc. 1490 Mason Steel limde I. Hux 3A San I ranasco, Cahlonm 94133 San Lws. Colorado 01152 (415) 9092578 1303) 672.3602 78 Operation Brotherhood 2.15 Personal Mobility Committee, Inc. 3745 West Ogden Avenue 347 South 400 East Chicago. Illinois 60623 Salt Lake City, Utah 84111 (312) 5220433 Inc phone) 165 Operation Fresh Start 292 Physicians Health Plan of Greater Minneapolis 2322 Atwood Avenue 500 National City Bank Building Madison, Wisconsin 53704 510 Marquette Avenue (608) 2444721 Minneapolis, Minnesota 55402 (612) 3407800 268 Oregonians lot Utility Reform P 0 Bo' 12763 237 Portland Sun Salem, Oregon 91309 628 Southeast MAI Street (M)n):110-h 1 Ib Porlland, Oregon 972.14 68 Oregon Slate University Extension Service (503) 239 74 70 Master Gardener Program 313 Prairie View Mental Health Center 756 Warner -Milne Road P.O. Box 467 Oregon City. Oregon 97045 Newton, Kansas 67114 (503) 655.8631 (316) 2032400 139 Ouachita Multi -Purpose Community Action Program 77 PRAXIS 920 Louberta Street 1620 South 3711h Street Monroe. Louisiana 71201 Kansas City. Kansas 66106 (310)322.7151 -- -,\ 151 Project GREEN Civic Center P 410 East Washington Street Iowa City, Iowa 52240 _(319) 3541800 191 Pacific Power and Light Company 245 Prudential Insurance Company of America 920 South West Sixth Avenue 745 Broad Street Portland. Oregon 97204 Newark, New Jersey 07102 (501) 243.1122 (201) 6238000 31, Palhmark Supermarket 31, Puget Consumer Cooperative 32 clo Supermarket General Corporation 32 6504 90th Street, N.E. Public Affairs Department Seattle, Washington 98115 301 Blair Road (206) 5251451 Woodbridge, New Jersey 07095 (201) 4993000 356 Patient Advisory Council Milton H. Seifert, Jr., M.O. d Associates, Ltd. 675 Water Street Excelsior, Minnesola 55331 (6121474 4167 39 Pennsylvania Department of Agriculture Bureau of Markets 2301 North Cameron Street, Room 310 Harrisburg, Pennsylvania 17120 (717) 7874210 187 Pennsylvania Department of Community Affairs Bureau of Community Energy P.O. Box 156 Harrisburg, Pennsylvania 17120 (717) 703.2576 67, Pennsylvania Slate University Cooperative Extension Service 68 Urban Gardening Program Broad and Grange Streets Philadelphia, Pennsylvania 19141 12151224.1821 408 0 225 Regional Energy Information Center Staples. Minnesota 56479 (201) 094.2430—Exl. 146 159 Regional Housing Council of Southern Tier, Inc, 307 East Church Street Room 101 Elmira, New York 14901 (607) 7345266 114 Renegades Housing Movemani 251 East 1191h Slreel New York, New York 10035 (212) 534.5971 106 Renew, Inc. 1016 West Washington Street South Bend Indiana 46625 (219) 287.3371 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 9 WILLIAM L. REARDON MEARDON, SUEPPEL, DOWNER SI HAYES WILLIAM i. 50EPPEL ROBERT N. OOWNER LAWYERS JAMES P. HAYES 122 SOUTH LINN STREET JAMES D. Mcca FRncN[R AR JAMES,l]O THOMAS J. C TELEPHONE IOWA CITY, IOWA $2240 9T22 MARK (. HAMrR AREA CODE 319 IIIOMAS D. HUHARr MARGARET T. LAINSON July 10, 1980 RECEIVEll Mr, Roger Scholten JUL 1 Assistant City Attorney 21510 Civic Center LEGAL DEPARTMENT, Iowa City, Iowa 52240 RR: Contract for Sale of Land for Private Redevelopment By and Between College Plaza Development Company and High Country Corporation, a Joint Venture, and the City of Iowa City, Iowa Dear Roger: This letter is being written pursuant to the conversation on Monday afternoon, July 7, among Neal Berlin, Larry Chiat, John Benz, Tom Cilek, yourself and myself with regard to the above agreement. me n t would Propose that the follow meing revisions be made in this agree - words 1. In subparagraph 2(e) we would propose the deletion of the "without limiting the City as to other remedies against the Redeveloper" from the third sentence. Inasmuch as the Redeveloper is limited to recision for the City's nonperformance, it appears to us that any further restrictions upon the Redeveloper lack mutuality and are unduly restrictive upon the Redeveloper. In view of the substantial time and financial commitment involved for a Redeveloper to take the project to even this stage, it does not appear that this additional potential liability is justified. 2• 190 would propose that the following language be the end of subparagraph 2(f): .i.n.^,erted nt The foregoing provision shall not be deemed to impair the rights of the Redeveloper or any party claiming by, through or under the. Redeveloper with respect to any property upon which construction of the improvements provided under this �'" menccd• _,.ccla<-nt silali have com- as d in th C/High is toAbewphasedcandewill bee theDsubjectCofntry two separate taxexempt proposal, project bond issues or mortgages. This would certainly be a significant con- cern in connection with the phase 1 lenders, contractors Lion bonding firms. 47e feel that this and construc- addition will create conformity of the contract to the proposal. 1360 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES page 2 July 10, 1980 3. In connection with Subsection 3(b) we would like to have the opportunity to work with the appropriate party at the City rela- tive to the immediate investment of these funds so that interest could be earned. While this is not a big item, we are obviously interested in making the dollars stretch as far as possible consistent with the completion of the high quality project specified in the CPDC/High Country proposal. 4. In Subsection 5(a) this date should conform to the City Council Resolution. I believe that this date was July 1, 1980, and it is my understanding that these plans have already been delivered. 5. We would request the insertion, at the end of subsection 5(b) of the words "for each phase of the development." This again is to conform to the plan for staging of the development as indicated in the proposal. 6. With regard to the signature on the agreement, it is our plan to have the development of the project done by a corporation, The College Plaza Corporation, which will be equally owned by CPDC or its partners and High Country Corporation. Upon completion of the project, this development entity would then transfer the retail phase to CPDC and the hotel to High Country. It is entirely possible, how- ever, that the requirements of lenders might make it imperative that the contract be signed as indicated on the draft which we submitted. A copy of the contract was submitted to the attorneys for High Country several weeks ago, but we have not heard from them in this regard or otherwise with respect to the agreement. I hope that we can have this matter clarified within the next few days after which I will be in further contact with you. 7. with regard to schedule D, we would request that the October 1, 1980, date be modified to November 15, 1980. Although the financing for the retail phase is essentially committed at this time, we do wish to be in a position to meet all deadlines. We would also request an extension of the March 1, 1982, date to Ju1.Y 1, 1982, to provide sufficient time for leasehold improvements and store fixturing. Waith these minor modifications, I feel that the time schedule set forth on schedule D can, barring complications totally unforeseen at this time, very readily be met. B. In connection with Section 102 , it is my understanding that Iowa -Illinois Gas and Electric Company will be removing the poles and lines from the property prior to the earliest date upon which we would ae commencing construction. It is also my understanding that it has beer.agreed that the City would remove the nr;nl,n].t surrace from the parking lot prior to that time. At the very least, we would like a firm time schedule in this regard. If it appears that the appropriate MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES page 3 July 10, 1980 steps are being taken in connection with this time schedule, it might not be necessary to insert it in the agreement, although this would be preferable. 9. As I understand Section 103, the reservation of the City's rights 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, would not include the reopening of Dubuque and College Streets during the duration of the urban renewal plan. We would appreciate confirmation of this understanding. 10. In Section 202 we would appreciate being advised of the exact nature and location of the easements on the property, particularly as they will exist after the changes in connection with the power lines. Although, hopefully, these utility lines would lie between the southerly edge of the proposed building and the northerly line of the parking ramp, our plan does indicate that a parking ramp connection will be made about half way between Lynn and Dubuque Streets at levels of the ramp. Therefore there would be a structure presumably located over a small portion of this easement. 11. We would request that Section 303 be modified to protect the interests of lenders on the project with respect to any construction activity which shall have occurred and loan proceeds which shall have been disbursed. We have no objection to these provisions as they re- late to enforcement against the Developer, but do feel that the lender's Position must be protected. 12. In Subsection 305 (a) after the word "completion" we would request the insertion of the words "of each phase" so that a separte certificate would be issued upon completion of the retail and hotel phases. We feel that this is consistent with our proposal for phasinc of the development. 13. In Subsection 305 (b) line 6, following the word "instrument", we would request the insertion of the words "in a form reasonably nntin- factory to the Redeveloper's lender or lenders." 1 bolievo that• Lhiu is consistent with the intent of the agreement and does not change it in any significant respect. 14. If you have a copy of 37 F.R. 22732-3, we would appreciate being furnished with a copy of it. It is our understanding and assump- tion that this relates only to the use of lead-based paint, as indicated in Section 4.01(d), and we have no objection to this provision if that is the extent of the regulation. 15. In the fourteenth line of Section 402 reference is made to subdivision (1) of Section 401. There is no such subdivision in 1364 MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS . DES MOINES page 4 July 10, 1980 Section 401. My a:;su1n1)tion is that. (a), and if this is accurate, we have feel that this should be clarified. this reference is to subdivision no objection. Ilowever, we do 16. In connection with the CPDC/High Country proposal it was dis- closed to the City Manager and quite possibly to other City Staff and City Council Members that High Country Corporation contemplated at least one partner with them in the ownership of the hotel phase of the project, and that perhaps CPDC would add two or three additional partners having relatively small percentage interests in the project. I fully understand the reasons behind Section 5.02 but we would assume that transfers of the type which we discussed would be no problem because of the indications which we received earlier. 17. in Section 503 (a)(1), line 4, we would request the insertion of the words "acquiring the property and" after the word "to" so that the agreement is clear that the land as well as the structure, may be encumbered for purposes of financing. 18. We would request that the last sentence of Section 601 be re- vised to read as follows: For the purposes of such mortgage or bond financing may tion made pursuant to the Agreement, the Property may, P of the Redeveloper (or successor in interest), be divided into several parcels, including but not limited to air rights and a condominium regime under the Iowa Horizontal Property Act, pro- vided that, in the opinion of the City, such division is not inconsistent with the purposes of the Urban Renewal Plan and the Agreement and is approved in writing by the City. This language would be consistent with the CPDC/Nigh Country proposal in providing for separate ownership and financing. 19. In Section 602 we would request that the words "but not" be deleted from line 6 and that the words "approved in writing by the City" be substituted for the words "in the agreement" at the end of Section 602. in this way, if the project was sold by a mortgagee after default, the mortgagee and any successors would be required to complete the project pursuant to the Urban Renewal Plan, the requirements of which would be binding upon the mortgagee or its successor. However, they would not be bound to the specific contract entered into between the City and the defaulting party. of course, the completion of construc- tion would require the approval of the City. 20. In Section 703, it would appear that the time period should be 60 days rather than 30 days in order to conform to the other time periods in Article 7 , and specifically Sections 701, 702 and 704(d). MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES page 5 July 10, 1980 21. In Section 704(2) we would request the insertion of the word "phases" after "parts" in line 1 in order to conform to the scheme of development proposed in the CPDC/high Country proposal. Also at the end of this Section after the word "hereof", we would propose insertion of the following language: or is under construction in substantial conformity to a schedule approved by the City. This again is to clarify the position of the construction lender during construction. 22. We would request that Section 707 be revised to read as follows: SECTION 707. IMPOSSIBILITY OF PERFORMANCE. Should at any time Fr r to the conveyance of title to any property under this Agree- ment either the City of Iowa City, Iowa, or the Redeveloper be enjoined from such conveyance or the acceptance thereof, or pre- vented from such conveyance or acceptance by any order, decision or act of any judicial, legislative or executive body having author- ity in the premises, the City or the Redeveloper at the option of either,may terminate this Agreement and any obligations incurred by either party shall cease. In the event of such termination, neither party shall be responsible to the other for any damages expenses or costs incurred 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. Obviously either party could become subject to an injunction or other order preventing the project and conveyance from proceeding, and under those circumstances it is only reasonable that either party have an option for termination. 23. In Section 708, line 9, we would request that the last two iwords of the line be deleted and that there be inserted in lieu thereof the words "litigation and unusually." Litigation is certainly a possi- bility in the project and would just as surely constitute an enforced delay in performance beyond the control of the parties at any of those causes specifically mentioned in the form. Also, I believe that the word "usually" was a misprint. I would be happy to meet with you to review the contents of this letter at your convenience. I apologize for the length of this letter, but do feel that the changes requested are consistent with the proposal as submitted by CPDC/High Country. 1364 MICROFILMED BY JORM MIC R+LAB CEDAR RAPIDS • DES MOINES page 6 July 10, 1980 At Mr. Berlin's request, I am also forwarding a copy of this letter to him. '1 ( - Ver t ly yours, �1 Obert N. owner RND/aw cc: Neal G. Berlin MICROFILMED BY JORM MIC R+L A B CEDAR RAPIDS • DES MOINES 0 E] The College Plaza A Joint Development of Col%e Plaza Development Company and High ountry Corporation 122 South Linn Iowa City, Iowa 52240 Telephone (.919) 338-9222 Mr. Neal G. Berlin City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Parcel 64-1 Dear Mr. Berlin: July 11, 1980 Submitted herewith are letters from Armstrong's, Inc. relative to the approval of preliminary lease negotiations with College Plaza Development Co. and a letter from Hawkeye State Bank relative to a financing commitment on the retail phase of the project. College Plaza Development Co. further certifies the accuracy of the statements contained in these letters. Our negotiations on both of these matters have progressed very satisfactorily in all respects (See letter of Allan C. Peremsky dated June 11, 1980). Because of the availability of financing and the approval by Armstrong's of negotiations to date, we regard our ability to obtain a final lease between College Plaza and Armstrong's as certain. JDB/aw Encls. Very truly vours. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES D atF0 JUL 1 11980 D ABBIE STOLFUS .CITY CLERK �3L7 I I i I� 1i i 0 E] The College Plaza A Joint Development of Col%e Plaza Development Company and High ountry Corporation 122 South Linn Iowa City, Iowa 52240 Telephone (.919) 338-9222 Mr. Neal G. Berlin City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Parcel 64-1 Dear Mr. Berlin: July 11, 1980 Submitted herewith are letters from Armstrong's, Inc. relative to the approval of preliminary lease negotiations with College Plaza Development Co. and a letter from Hawkeye State Bank relative to a financing commitment on the retail phase of the project. College Plaza Development Co. further certifies the accuracy of the statements contained in these letters. Our negotiations on both of these matters have progressed very satisfactorily in all respects (See letter of Allan C. Peremsky dated June 11, 1980). Because of the availability of financing and the approval by Armstrong's of negotiations to date, we regard our ability to obtain a final lease between College Plaza and Armstrong's as certain. JDB/aw Encls. Very truly vours. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES D atF0 JUL 1 11980 D ABBIE STOLFUS .CITY CLERK �3L7 I HAWKEYE STATE BANK IOWA CITY, IOWA 52240 TELEPHONE 719,'751-4111 RECEN"'l IIAWKEYI SIAIE RANI. July 11, 1980 Robert N. Downer, Attorney 122 S. Linn Iowa City, Iowa 52240 RE; College Plaza Development Inc. Dear Mr. Downer - This letter is to confirm that a commitment letter is in the process of preparation by the Bond Counsel for Hawkeye Bancorporation setting forth the terms of the commitment regarding the financing of the College Plaza retail development on Urban Renewal Parcel 64-1 in Iowa City. The terms of the commitment letter will be as outlined to you previously and which appear to he mutually agreeable. We look forward to an early conclusion of these arrangements. You are authorized to submit this letter to the City of Iowa City to verify the arrangements which have been made. JAK;sh Sincerely, 0n A. Krieger resident MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES I I F no Fj 1 1 1980 46131E STOLFUS CITY CLERK t HAWKEYE STATE BANK IOWA CITY, IOWA 52240 TELEPHONE 719,'751-4111 RECEN"'l IIAWKEYI SIAIE RANI. July 11, 1980 Robert N. Downer, Attorney 122 S. Linn Iowa City, Iowa 52240 RE; College Plaza Development Inc. Dear Mr. Downer - This letter is to confirm that a commitment letter is in the process of preparation by the Bond Counsel for Hawkeye Bancorporation setting forth the terms of the commitment regarding the financing of the College Plaza retail development on Urban Renewal Parcel 64-1 in Iowa City. The terms of the commitment letter will be as outlined to you previously and which appear to he mutually agreeable. We look forward to an early conclusion of these arrangements. You are authorized to submit this letter to the City of Iowa City to verify the arrangements which have been made. JAK;sh Sincerely, 0n A. Krieger resident MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOINES I I F no Fj 1 1 1980 46131E STOLFUS CITY CLERK i ^, RECEIVED JUL I I Iyou RAPIDS, IOWA 52401 Attention Mr. John Douglas Benz, Pres. July 11, 1980 70 Dear Mr. Benz: j j This is to confirm that Armstrong's, Inc., has been in negotiation with a your firm, College Plaza Development Company, and has definite interest ? K in the proposal as contained in your letter of July 9, 1980, setting out the 2 major points of a lease arrangement between the parties covering approxi- mately 75, 000 sq. ft. at the corner of College and Dubuque Streets in Iowa City, Iowa. However, because of the shortage of time, the necessary details of the plans and specifications have not as yet been drafted. Armstrong's, Inc., is willing to give preliminary approval to the negotiations thus far conducted, subject to the following conditions which must be met before we would be in a position to give final approval: I! 1. Our consultants in the store layout and construction professions must have time to study the plans and specifications as devised in detail 1 ! and give us their recommendations as to whether these plans and specifications ' are suitable and will give us the type building we can use for our store operation, within the financial parameters as set out in your proposal. 2. Lease details and other construction details must be submitted to Armstrong's legal counsel for their study and approval. 3. Armstrong's, Inc. , feels that an additional period of thirty days is needed for the above matters and the completion of the final details of the negotiations. Fcr�� JUL 1d 1 1980 D 1BBIE STOLFUS CITY CLERK RCA:ms Sincerely, ARMSTRONG'S, INC. Robert`C. Armstrong' Chairman of the Board / MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 1367 hr?Fjj C E O A R 7 College Plaza Development Company k', a 122 South Linn g# S Iowa City, Iowa 52240 ^, RECEIVED JUL I I Iyou RAPIDS, IOWA 52401 Attention Mr. John Douglas Benz, Pres. July 11, 1980 70 Dear Mr. Benz: j j This is to confirm that Armstrong's, Inc., has been in negotiation with a your firm, College Plaza Development Company, and has definite interest ? K in the proposal as contained in your letter of July 9, 1980, setting out the 2 major points of a lease arrangement between the parties covering approxi- mately 75, 000 sq. ft. at the corner of College and Dubuque Streets in Iowa City, Iowa. However, because of the shortage of time, the necessary details of the plans and specifications have not as yet been drafted. Armstrong's, Inc., is willing to give preliminary approval to the negotiations thus far conducted, subject to the following conditions which must be met before we would be in a position to give final approval: I! 1. Our consultants in the store layout and construction professions must have time to study the plans and specifications as devised in detail 1 ! and give us their recommendations as to whether these plans and specifications ' are suitable and will give us the type building we can use for our store operation, within the financial parameters as set out in your proposal. 2. Lease details and other construction details must be submitted to Armstrong's legal counsel for their study and approval. 3. Armstrong's, Inc. , feels that an additional period of thirty days is needed for the above matters and the completion of the final details of the negotiations. Fcr�� JUL 1d 1 1980 D 1BBIE STOLFUS CITY CLERK RCA:ms Sincerely, ARMSTRONG'S, INC. Robert`C. Armstrong' Chairman of the Board / MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES i 1367 FOR The College Plaza A Joint Development of College Plaza Development Company and HkIh Country Corporation 122 Srndh Linn Iowa C4y.lowa 52240 Telephone (319) 338-9222 Mr. Neal G. Berlin City Manager City of Iowa City Civic Center Iowa City, IA 52240 RE: Urban Renewal Parcel 64-1 Dear Mr. Berlin: REe"'UED 111980 July 11, 1980 Enclosed herewith is a Hotel Management Agreement entered into between High Country Corporation and Rocky Mountain Hospitality Services, Inc. covering the management of the proposed hotel to be owned by High Country Corporation on Urban Renewal Parcel 64-1. As I believe that you are aware, Rocky Mountain Hospitality Services does provide manage- ment services for all facilities owned by High Country Corporation at this time and has also managed, at various times, a number of other facilities. I am also enclosing a letter by Michael H. Getto, Vice -President Administration of High Country Corporation verifying that a written agreement has been entered into between High Country and College Plaza for the Joint Venture for development of the project which agreement provides, in part, for the ownership by High Country Corporation of the hotel portion of the development upon its completion. On behalf of College Plaza, I would further confirm Mr. Getto's certification with regard to the Joint Venture Agreement. I believe that this will confirm the satisfaction of condition number 1 set forth in the City Council Resolution of May 13, 1980, designating the College Plaza/High Country Joint Venture as the Preforred Developer on Parcel 64-1. RND/ Enc. cc: John Douglas Benz Vel truly yours, ROD Deer MICROFILMED BY JORM MICR�LAB CEDAR RAPIDS • DES MOINES Fil�F0 UL 1 11980 ABBIE STOLFUS CITY CLERK 13b� 0 1-\ rid June 25, 1980 Mr. Neal G. Berlin City Manager City of Iowa City Civic Center Iowa City, Iowa 52240 Dear Mr. Berlin: Re: Urban Renewal Parcel 64 - 1 in Downtown Iowa City Enclosed herewith is a copy of the Hotel Management Agreement between High Country Corporation and its subsidiary, Rocky Mountain Hospitality Services, Inc., providing for the management by Rocky Mountain Hopitality Services of the hotel on parcel 64 - 1 to be owned by High Country Corporation. As you will note, the term of this Agreement is thirty (30) years, which will equal or exceed the term of the bonds to be issued by the City of Iowa City to fi- nance this project. It is my understanding that a copy of this Agreement was delivered to Roger Scholten by Tom Cilek several weeks ago. This Agreement demonstrates compliance with Paragraph 1 of Resolution No. 80 - 181. This letter will also certify that a written agreement has been entered into between High Country Corporation and the College Plaza Corporation for the inrpart,nof a for theoint ownershiprbytHighvelop Countryis project, Corporationwofcthe9hotelnpordes tion of this development upon its completion. Best regards, '�__. Michael H. Getto Vice President Administration Enc. 1000 LINCOLN SUITE 100 DENVER, COLORADO 50206 1309) BBI -1101 MICROFILMED BY JORM MICR+LA9 CEDAR RAPIDS • DES MOINES r n Rocky Mr.)m)tain Hocnilality Services, Incorporated 111601Ll•NCOIN SCllr too Uk NVIJ;. cul o): •\Ito UTC'+5 LIU I)Cr, 1.1161 1'H ISAIANAGNAIIi I'AGItI:L•'AlENTisnuulc;mdenteredintobyandbetwer'ItII I.ty.ahown on Addendum A herein culled "Owner," and Rocky Alounl;Iin I lospilnlilySorvices.Inc., aCuloradn corporation, herein called "Manager," _ In Consideration of the umhud promises rand mutual covenants herein contained, Owner and Afanager agree as follows: „i i l �UL ABBIE STOLFUS CITY CLERK AR'T'ICLE f — PREAllSIsS Owner hereby engages Manager ns its solr. 1111 (1 lavclu:+ivcngent tosupervist'aod dircel, furand at the expense of Owner, the tnnnngenent and operation ul' the primary ;ual ancillary facilities + identified on Addendum A In this Agreement. Said facilities singulm•lyaIll in the aggregate shall hereinnfterhe referred tons the"I'rrmiscs." Manager hereby ❑ecepts said appointment under IIIc Icons Hall conditions hereinafter set forth. ARTICLE Z — TITLI,,'1'0 Plll?\IISI,S Owner covenants and ngrtvs that it has, or will acquire, ;ual that Ihroughuut the term of this I. - 136$ MICROFILMED BY + JORM MICR+LAB CEDAR RAPIDS • DES MOINES i Agreement, subject tothe provisions ofArticle Ip, it will full ownership of the "'"i" (:till full mvnur.:h ip of tile Premixes, and furnishings w:a :Ind rquipmi•nl, free and clear of any liens, encumbrnaces, covenants, charges, burdens or claims, execpt such ;as du not mnforially' :Ind :ulvcrsely' affect the and quiet thereofetby Munagcr.Owner t•uveoants:aa'1 agrees thatallarrager shall and may peacealdy and quietly operate [he Premixes in accen'clance. with the terms of this Agreement for thee" tire period stipulated herein, frt•e froth molestation, eviction or disturhnnru b}' Owner or by any person through whom Owner shall derive its line or right to occupy nn,l use the Dremise_; or by ;my other person or persons whomsoever. Owner further covenants and agrees to pay and discharge any ground rents or otherrectalpayments,concessionrhnrgc'sandguyotherchargesanddi cbyOwnerinound atlho Premises or the fixtures, furniturc;ml eyuipnaenl, and•;it i(son'❑ expense, to undm'uakuand prosccntc and defend allnpproprialeartions,judicialorotherwise,requiredtoassuresuchquietand , nee, operation by h1'mager:' ARTICLE J — TEKJI ON AGI?Iq`, 1Il NT %:•1cf The initial terms of this Agrcenunt shall be bi rt�yonas an,1,111111 conuaencr• to rut: oa clot duce when the property is officially opened for business. Manager shall have the option to rcncw this Ag subsequent renewal term shrcen,,•ot for Iwovrol J/r scars each. The first term h renewal shall commence na the expir:nirm cdihe initicll terins,l,ladthe n all commece on the expir lion of the previous rcucwal ((( will beautomatic unless notice to thecont:uY is given term. licnew11l Ly M:uvages• G,Owncrw'ithha ninety loss prior to the expiration of the then current term. —blohvirh ;m Il ; re (I egoing, ellleFmj>Ti•tys ui fhnS, tliu i•i;;ltt to te`ril7iiiutr l♦1is tAgrecmcnt h;; giving written notice to the. other Party on or before November l of it on aro its clertion to terminale s ' terminate in tile nmIhegiviri {of ruticts; provided that the: right to lhall not first a :trice before No�nber) as herein provided for of oil second full your of the cuntrac t.'I'he right to terminale -shall eshnll then be uvailab Apr ur luNovembcr I in each vahm( (year therenfter. Upon giving / - of such notice by Mt gF.rah'sAgrecmc•ntslmlltcrmintila'antla1°IslchlynfJnnu+n'>'fullowin{tnolill, IntheeventQwnurlurminnteslhisAgremnenl,Owit,rw feu' then sc ur a m rGicic 2fi of Ibis A{p'cruru`�l. �t Ahm:q_cr, on demand, a termination ARTICLI% •I — OPERATION b1 a nagem ent shall have lh a cx elusive righ t to di reel, supery ism, uuumge and operate the l'rem ises forand on behalfofOwner'md forOwner'saccount,'misiaiall delerminetheprogrclmson<ipolicie,to Ile followed in connection therewith,1111 in accordance with the provisions of this Agreement. Manager shall operate the Premises tit the expense of Owner and so far as itis economically and legnlly possible, in accordmice with the same provisions, practices, mmingement techniques mrd other rules of operation used by A1nnager in other similar operations, the right of revision and amendment of such bring reserved bvrbLlnnger•Such nperntiunx,l':ill beconducled within thetcnns, provisions and requirements of the franchise. 1'rior to the commencement of this Agreement, Owner, at his own cxprnse, shall obtnin all permits, licenses or other authorizations necessary or desirable for the operation of the Premises including, without limitation, food find liquor licenses. Owner warranls flint there tire no covenants or restrictions which would or will prohibit or limit RL•mnger from providing all necessary or desirable services and fncililies at the premises. At Owner's request, Mnmager will take all necessary steps, at Owner's expense, to procure and renew (in Manager's name or Owner's Home or both as any, be required by the issuingfill ill ori ty) all licenses; permits or Authorizations necessary or desirable for the proper operation of the Property,'Intl Owneragrees upon rrgnest topromptlyexecutcansdocumeatts or applications for such licenses, permits or other authorizations. Owner hereby warrants In Manager uninterropt,d control that it will not interfere in the operation of the Promises and m involve itself in any way with the day to lily operation of the Premises. Owner, however, may directly address itself to Manager on any matter connected will' the Premises, 1 find, in addition, may inspect the Premises tit tiny rensonnhle time and reasonable intervnls of lime. During tiny inspection by Owner or at tiny lune Owner comment In fis or the Ihenises, Owner agrees to not fit(! Resident 1lnnngrr (it -Ines other personnel regarding the operations orcondilionsof he premises, butt ,hall reserve all comments for the Manager• Manager shall set and change roma G. i f 1368 MICROFILMED BY JORM MICR+LAS CEDAR RAPIDS - DES MOINES r, les and thed et p,al inn tion of such room rulra shall heat mile conpdele. ;lull ah:;elute disco .vl it'll of Blanager. ARTICLLe 5 — PI31tS0,\'NIsl. Manager i's 'goal for Owner Shull hire, supervise, direct the work of, discharge, mull determine the compensulion and other benefits of all personnel working on the Premises. M:uu,ger is to he fill- so] eitulgeof the filness:uul clunlifie; ctioIIs (If sut•h personnel and is Vested wit habsolute (Iiscretion is the hiring, supervision, direction, disebarging, and determination of (ho compensulion ;uvl other benefits ufsuch personnel during Ihvcourseof their employment in (Ill- operation of the Premises. lu performing the above, Nl:nager agrees to comply with wage mid hour laws and other Lav; ,it'd regulations regarding the relationship between ennplm•er loll employees. �I As part of anti in n'(') way linjiliag ()%viier's ri-sp,illsibiliti" olulte Arlicle-I licreof, 0%% riershall be responsible for ill[ costsandespeuse= relating [mdlvIllployec:s:itlhePrvillises,(wbc(heremployec:sol' / Owner or Nlanagerl, iticluding, but nut limiter) to, all exprnsea rending lu employee compensation, wages. bonuses, payroll or other taxes, social srcuri':�, fringe benefits, wurkmmi's compensation, unemployment compeas:diun, insurance. and :ill federal, st:tle. or lot-til government employee insurance or hene•fil programs of any kind that new or m;iv In(er exist (hereinafter collectiveh• referred to as "Fraployee Cnmpens:diun and BertefiIs").Ow•nrrsh:dl also beresponsible furnll costs incurred when the Resident Manager and/or other empluvec:s attend meetings, lraiuing sessions or c•unvel'60M deemed uclvisable by ,\l:wager. Nbunager;a"y, in its cliserotion, as an expense of operation to Owner, accord rooms, food, :tad privileges to officers null employees of Owner and 1•lanager which arecustomarily accorded with respect to inspection of lbe 1'roperly. Upon demand by Manager, Owner shrill supplypNianagersatdsfuctoa'y Proof that all costs and expenses relating Wall Villpinyees at file Properly (including cnsts;n(I "Petses for I:mplovec Compensntimt :rad Lienefils) accrued for tiny time period prior to col unencenumt of Nlmviger's servives, have been paid. I lisiuitiersto,dand agreed Thal all employees, including the 14•sidenf Nlanagor, an'c in theenploy of Owner and that N1mtager shall be rec•ept.ive to reasonable suggestions of Owner concerning the conduct and (lull] i fications of such employees. Manager shall determine- the salaries of all employers, including file Resident i %;Unger• Manager is in no way liable tt said personnel for Ihoir wages, cmnpcnsnlion urolher benefits, aur tt Owner or others for nay net or ornission of such personnel and Owner shtdl indemnify taut hull Manager It treat less from liability thereof. Owner shall not inlerferewith nrgivcurdersorinstruclions to personnel employed ma the I'remises; however, Manngershall con::uh with Owner regarding the number and categnries of supervisory and executive emplgvces to be appointed, and the terms and conditions of such appointnenl. 1Vhere work permits or emnpluymeot passes may be required, no application shall be made for such permits or pusses without the prior consent of the Owner, and where necessary and/or considered advisable, any such a ppliciat]nns shtill be made by the Owner. Without limiting the generality of the fallowing, Niumger any fix employees' compensation, approve allowances and grant bonuses according to Nbtmnger's Runes 1'rugram, which Bonus Progrnut Owner has examined air(] which any 6e:unendedorchaagt'td l'Y M:uungvr tram Gino la limo to conform with Manager's linnus Program in effect for employees art alhe• facilities a;uuaged by Nhinager. Manager may incur on Owner's behalf cmplaymrnt agency fees and employment relocation expenses. Manager shall compensate uric] be fully responsible for the employees, agents mad management personnel in its centra] office, except lhatOwner shall puy to Mnnnge•all reasonable travel expenses and third party expenses incurred by Nlanager, its agentsaad onnPloyees.(d) tasupervise the hiring, training and indoctrination of Owner's emPloyecs on file Premises;(ii) to insure, tlmmaintenit nee of file physical condition and nppe:noace of the I'reinises; (iii) In maintain and promote the proper operational procedures and practices; and (iv) to insure the nwinlc•nanco of accurate accounting of books and records; and (v) to otherwise perform tiny of the duties undertaken livor rights granted to fvlanngerin this Agreement. M:mage•shnlllhavelhesole discretion, which shall notbeunreasnnnbly exercised, to determine the udvisahilily of such travel and the necessity (o incur such third party expenses. All reimhursablecost oxpetses including mnnagrnuntfcrs sluall be reasonably ilemized by category by Manager and paid mun(hly with payment of m;inagena•nt fees [Isdesrribed hereunder. ;1. ►3a MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES The cost, ruts, cumpvo: atill n or ulh(a' expenses uf+up' I"'`�"ns engage d by Al:umgcr to perform duties of r1 spevia!ira nature, di rucl ly rvinted lu for .,I... ioo d III(. Prvelis,.•s, such as :nlurm•ys, accuunt(ulls, and lilt' like, shall Le nu operlling rxp.viso of lh(. Ov:aur. Olvnl•r shall ll;ive final :utharily and respuu::ibility over any Libor 1wgulialiuns rtspeeling employer.. at lite Property. With Ocvnur's vxprts: cnnsunl, Al;uvlgrr m;lo ay netialy with any l:lhm• union representing empinyurs of file Property. Lel no collective l0;Wgainillg agreement or labor contract may Le entered into lvithltut Owner's rnnsvnt and 0ppruvn1.11oth Olvnernud Nl:magcr:;hall keep eterh other advised (If' all nrBnliatiuns rrsprcfimeulployevs at the Properly. (luring the term of thisAgrevnlentandfm•an:uldilinn:dI%v(l ltvrtlit, dnle,ofterminalinnof this Agreenient,OA•nrrshnllnutdirevtlyurindire•etly.Gn'hinlzrll.il c•1foaaur:othcrprrsnnnrentit}•. hire, employ, or in any manner Irvcunu•:c-sociutr,l with. al any I'wility::imilnr In the Premises located Within the same stale W' withi:l 20(I olilcs of the I'; rm is rs Iwhich.•v er dislancu is grean•i;t. any prrsuo who served els the Resideat Alun;u er ;It anV time v:it.hiu the iw,•Iv,. month period iimnediate•Iv preceding terlllillahull ul ll,is:\grl•1•r lt'llI. ow•nt-r acknw., lodA, :` tlun alis pruvisiuu is fund;nuemal to file Ahuugter's nprr�ltiun and its ability to rrnr;rrsrrvicear to 0o'ne'r:old ulhel's: llun•cl'urc. in additiun to any other rights ur rrinedie:s:,vailabde if, Al:anger lbr:Iny ba'enuh of lhi> provision, Al:ulagrrsLall he entitled to injunctive rt-lirl'. AR'1'[CLR (i — COiNTRAUl'S Manager is 1111 till and fur sncll purpose is designated .e.s Owner's:dtornvv it' I'll, t, to make . On([ enter into the name Of, for the atrount uf, uud nt the expense of Owner ell such cunInlets olid . agreements Its tire, in Manager's opinion, nuvrss:u;v fur lite operation and nminlruanre of the Premises and to pay file some lviten (Ino. Nlamlgersh:dl bervquirvd, hulve•vvr.In ohlaill lherunsenl of the Owner, which shall not be unreasonably withhcid, hel'ore unlerin{: into tmy rnnh•aul involving - struetor:d repair ur rchabililntion of Lite building. I'LlaujIgyr shall have nO responsibilities convevning amy unnlrm•I which it did not exerule fur Owner or approve in writing. Owner dues agree lo and taco hereby (ovenunt In inr!rnmil>• and hold Manager harmless from liability ill exercise, of the foregoing :urthority. AIUWI,P 7 — AlWIiI('1'ISLNO Manager, at Owner's expense, shall :n•rnuge ;uul runllo .I I'm :dl roosum(ble advvrlising and promotion which Mnnn;:rr may devol are(.'s:uv for lhe.'uec,•ssful op,•raliuu of the l'renlises, which shall lit the minimum be the franchise requirements, if any. ARTICLIi 8 — INSUItANCR Manager shall purchase and maintnln, It Owner's uxpense, publir.:uol enlpinvcr's liability, workman's compensation, fire and extended coverage, boiler and machiner;v, payroll hold-up, employees dishonesty, and Other such customary insuranlce in the minimum annunls (Teemed appropriate by Alalager to provide reasunabde and adequate proh•rlion in tilt- management and operation of lilt. Premises. It is agreed that minimurn coverages of $J,(III(1,(INU,(ID public liability insurance for personal Injury and $100,000.00 fordannlge lu property of third parties nre reasonable and satisrachery. hire and extended coverage insurance on file buildings and contents shall br provided in uo oggrrgaate amount which shall not be: less thOn t•ighly (8010 percent of the full insurable undue Ihoreof, and will meet any lender's requirements, and in nu event below lilt- minimum unlOultl necessOry to Ovoid file effect ofco insurmlceprovisiunsuf.uch policies. NI:uta(gersill, II not incur liability, to Owner for failure to maininin insurance in such minimum anounfs ifsa'h 1-dillru is in exerciseOfMantiger's good lhilh judgment and Owner has lilt! notified Alnnnger in wrilin;l to inerease f he unanndsofsueh insurance. All insurance shall be in tilt. .';ole of lila Owner with AlLinager ns it ra.insured and shall contain riders and endorsements ndequatt-ly pralevling the interest of both owner and Mnnugerns Ihey lolly appear. 1 Manager shLill have :dl policies of insurance provide Thal Ile insurance cuulpany will have nu right of xuhrogntiun Ogalinsl dither Owner or Maiing s, their rvspeetive agents or employers. Notwithstanding lilt. provisions hereof, Ownorossuna•s1111 risks in connrclion lvith the Ildequaryor any insurance or self-insurance pro!tranl. Lind waives ally claim against NIalinger for ally liability, •1. MICROFILMED BY J0RM MICR+LAB CEDAR RAPIDS • DES MOINES 136' cost or expense arising out of nny uninsured rloini. in pari or in full, of any nature whatsoever. Al('fIUA-.' 9 — LIAlifIXI'S' Owner agrees: (1) To hold and save Manager free nod ha rlah.ss from liability fur injury 11,01 -death ofpersons or loss of ordamage to property by reason orally rause whatsucver, eil her in and about the Promises Or elsewhere when Manager is carrying out the provisions of, or when in any wriy connected with, this Agrei•ment, with the c•xc•eptinn, however, of nny eblins Or liabilities duo r: bully to willful miscnoduct upon the part of the M;udnger, or M;m;iger'.s agents or ea'ployros. (2) To reimburse Manager upon denmuuf I'or any money fir other property which the bdtor is required to pay out fur any reason %%-balsom er, whether the payment is(a) fur operating expenses (b) or for tiny. other charges.or debts incurred or assuin(-J by Al:nu )"IT. or ally other party. (c) or for judgments, aettlement.�'or expenses, including atu,niev's fees ill defense of ally claim, c•ivii'action, proceedings, chargeor lirosecution made, instituted Or maiulainrd again.<h\]an;r�er ur(Iwnerjaintly orseverally, affecting Or because Lit' the condition or useof the Premises• urbccauseof actsor failure to act of Altmager or agents or employees of Manager or Owner or agents or ednPlnyres of Owner. or arising out ofor based.upon ;lily lays, regulation, regnirrnu•ut, c•nn(ruct oro%vard relating to thchours of employment, workingeonditions, wnges:md!orcnmpens:nion ofennployee•sur formra•en'ployees of Owner, or any other cause in cunnectiou with the Ihrmi::es. (fl) To defend promptly Hall diligently, ;it ()wnor's expense, ally claim. action or proceeding brought against itlanager or Owner jointly or severally arising Out of or connected with any of the foregoing in subparagraphs I ,all2 hereof, and to hold harmless and fully indemnify Manager from any judgement, loss or settlement on account thervuf, including ; ttorney's fees till([ other costs Of defense, unless said claim, aclion, Prncecding or judgement is by reason of \tanager's willful miscoricluct. It isixpressly understood and agreed that (he foregoing provisions of this Article shall survive the termination of this Agreement. Nothing contained in (tin provisions of this Arlicleshall relieve nINlnnager from responsibility la Owner for any act or ondissiun canslituting willful ,fiscunducl an its Par(. AHTICIAR 10 — IIANK ACCOUNT Own ershnII est! Ill lish it sperial hank if cc( loot in its a;aue with iolanngvror.su H i of its ngentstmd employees or those of Owner as Manager may designate, tieing theonly early or pn (ties authorized to draw from said account. Prior to the commencement of operation of the Premises by file lh'[mger. Owner shnll deposit funds sufficient in amount hi constitute normal working capital for lheupening and operation of the Premises, find, thereafter, will maintain sufficient funds al all limes to meet the reasonable needs of file motel (being not lees Lill'[' and annual equal to the next month's estimated operating expenditures) bused on :i written request suboitlod prior Ur file cash requirement. This minimum balanceshall be maintained by Ownerdm•ing Ihe remainder (if file term of thisAgreen'ent, or any renewal thereof, and ail monthly intervals Manager shall Pay to Owner the excess, if ,fly, of gross revenue after deducting Manager's fee, expenses incurred in I lle operation of the Premises find the amount needed to maintain the minimum hank balance, or Owner shall furnish Manager with sufficient funds to make upnnydeficiencyin thebalance. hlanagershall havenbsolutecontrolofsfiid occult [it and tiny and till monies rcreived front lheoperation of thePrernisesand ❑nyand;dl expenses paid by Manager on account of the operation of the Premises shall pass through this account. Nothing herein contained %hull he construed to deprive M;uuigrr of the right to maintain petty cosh fends find to make payments therefrom us thesane fire understand and emplaye(I in the botel/motel business. Manager is hereby authorized find shall have the right, hillis not obligated, to make advances of sums as alloy he necessary to nuke payment of expenses when there are insufficient funds in the above nccuunt. Such advances and ally payments of principal or interest on mortgages, taxes, asses,ments or utilities maleby Manfigrrsldnll beccnnsidered loans to Owned., drawing interest fit 8116 over prune, repayable from available funds monthly after payment of the management fee, if' such funds are available, and from Owner nn dernnnd. .5 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1368' t i cost or expense arising out of nny uninsured rloini. in pari or in full, of any nature whatsoever. Al('fIUA-.' 9 — LIAlifIXI'S' Owner agrees: (1) To hold and save Manager free nod ha rlah.ss from liability fur injury 11,01 -death ofpersons or loss of ordamage to property by reason orally rause whatsucver, eil her in and about the Promises Or elsewhere when Manager is carrying out the provisions of, or when in any wriy connected with, this Agrei•ment, with the c•xc•eptinn, however, of nny eblins Or liabilities duo r: bully to willful miscnoduct upon the part of the M;udnger, or M;m;iger'.s agents or ea'ployros. (2) To reimburse Manager upon denmuuf I'or any money fir other property which the bdtor is required to pay out fur any reason %%-balsom er, whether the payment is(a) fur operating expenses (b) or for tiny. other charges.or debts incurred or assuin(-J by Al:nu )"IT. or ally other party. (c) or for judgments, aettlement.�'or expenses, including atu,niev's fees ill defense of ally claim, c•ivii'action, proceedings, chargeor lirosecution made, instituted Or maiulainrd again.<h\]an;r�er ur(Iwnerjaintly orseverally, affecting Or because Lit' the condition or useof the Premises• urbccauseof actsor failure to act of Altmager or agents or employees of Manager or Owner or agents or ednPlnyres of Owner. or arising out ofor based.upon ;lily lays, regulation, regnirrnu•ut, c•nn(ruct oro%vard relating to thchours of employment, workingeonditions, wnges:md!orcnmpens:nion ofennployee•sur formra•en'ployees of Owner, or any other cause in cunnectiou with the Ihrmi::es. (fl) To defend promptly Hall diligently, ;it ()wnor's expense, ally claim. action or proceeding brought against itlanager or Owner jointly or severally arising Out of or connected with any of the foregoing in subparagraphs I ,all2 hereof, and to hold harmless and fully indemnify Manager from any judgement, loss or settlement on account thervuf, including ; ttorney's fees till([ other costs Of defense, unless said claim, aclion, Prncecding or judgement is by reason of \tanager's willful miscoricluct. It isixpressly understood and agreed that (he foregoing provisions of this Article shall survive the termination of this Agreement. Nothing contained in (tin provisions of this Arlicleshall relieve nINlnnager from responsibility la Owner for any act or ondissiun canslituting willful ,fiscunducl an its Par(. AHTICIAR 10 — IIANK ACCOUNT Own ershnII est! Ill lish it sperial hank if cc( loot in its a;aue with iolanngvror.su H i of its ngentstmd employees or those of Owner as Manager may designate, tieing theonly early or pn (ties authorized to draw from said account. Prior to the commencement of operation of the Premises by file lh'[mger. Owner shnll deposit funds sufficient in amount hi constitute normal working capital for lheupening and operation of the Premises, find, thereafter, will maintain sufficient funds al all limes to meet the reasonable needs of file motel (being not lees Lill'[' and annual equal to the next month's estimated operating expenditures) bused on :i written request suboitlod prior Ur file cash requirement. This minimum balanceshall be maintained by Ownerdm•ing Ihe remainder (if file term of thisAgreen'ent, or any renewal thereof, and ail monthly intervals Manager shall Pay to Owner the excess, if ,fly, of gross revenue after deducting Manager's fee, expenses incurred in I lle operation of the Premises find the amount needed to maintain the minimum hank balance, or Owner shall furnish Manager with sufficient funds to make upnnydeficiencyin thebalance. hlanagershall havenbsolutecontrolofsfiid occult [it and tiny and till monies rcreived front lheoperation of thePrernisesand ❑nyand;dl expenses paid by Manager on account of the operation of the Premises shall pass through this account. Nothing herein contained %hull he construed to deprive M;uuigrr of the right to maintain petty cosh fends find to make payments therefrom us thesane fire understand and emplaye(I in the botel/motel business. Manager is hereby authorized find shall have the right, hillis not obligated, to make advances of sums as alloy he necessary to nuke payment of expenses when there are insufficient funds in the above nccuunt. Such advances and ally payments of principal or interest on mortgages, taxes, asses,ments or utilities maleby Manfigrrsldnll beccnnsidered loans to Owned., drawing interest fit 8116 over prune, repayable from available funds monthly after payment of the management fee, if' such funds are available, and from Owner nn dernnnd. .5 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 1368' na'ru:L.l•: 11 — M:\N:u)I•:nu•;N'r r•I•;l•s '. Owneraeitu'sstop;iyphum>;cn rincoside•raliun��IauJn.rrmm�rr:dinn hereunder a fee its fol3o: f,-rvicexprovided (1) Miring this Agreement, three pereeul H -.–r ofrovrnnvs. "Gras:: kevenue+' is hereby defined to mean ❑II rovrnucs azul incomeofevery kind nclu:rlly received resulting from lhens her by of the Premises incl ;dl of its fnrilitirs Gum guests, subt....I tL lie•ense•rs, concessionaries and other persons Occupying space or rendering services ill, til. nn, or front the I'rrmises including. but nal limiteel to, roonns, fond, beverage, lelrphone, new•ssf:cod, rrrrr:diimfi dcparlmeS in and ret dal ;tad management ices, whether an a ench basis or on credit, all ns determined in ac•eardanee. with generally ucreptad ncrounting principle.. applied nn o r,msi.lent !ur,is: provirierl however, that there shall bededucted u1. :xcl0d�'d Gunn "Cl cuss RrvmuO•s"(b nisb n1. credit refunds paid 0wvvvouuss upon transactions inellided,in gross revenue.4; (ii) thrnnv,unt ol':myt•itp.counq'.st�ae��rfeder:ds:des, ase. luxury Or excise taxes on such sale., which are rcruired to be r.dler•md font the customer (but nut included in the priceorst:led separately th(-refrom) and )mill m the f:u in gnu l horilies; Gii)Ill ocvvds at' claims under any insurance Policies other than rent tie husine.;.; intcrruptiuu insurance: fie) gains tax resert'e.'1'his feeshnll live fromthesteleorotherdisposiliun0fcapiL•11asseh,;and(v)ally revue:,tilof;or.vcontingeavytie tax reserve. o1 n r.;denrL•u' nlmdh anal unh•s.s dvdurted pursn;ulL 111 article 1(1, shall be paid •.vitbin fifteen (Lai) d;lys ofrocripl by f )•,cnm'uf the slalrnlcnt nl'cumputnlion of fees by Mnnager which shall he delivered within thirty (:3l) d;iys alter the end of rarh calendar month. (2) In addition,a feeul'ten pvrceat(1010(if Gross Operatin{; 1'rofil(001'), In b1. determined oma semi-annual basis is of.lune :311th and I )rcrmher alsl of each year, (3) OOP shall be computed by deducting fano ;p•oss revenues:N defined in sit h!iaragraph (1) above all expenses relating to the opera tion ofIII e1'realisusinclut!iit wages;sadnries., tile fee set forth in.suhparagraph (1) above; license fees; inventory casts; incur:ince costs; real property, personal Property and sales taxes and the like items but shall not include anceicospal a; interest un debt service; HU cosLor expense related to the purchase or leasing of ILrn incl fixturet a1. equipment, m1d depreciation. Each of the semi•amm� l periods within onvealendnryear shall be independent for Lhe purpose of OOP ;ltd no losses, if any, in tiny such purinds shot hr carried buck to n prior period or forward to It subsequent period. Accounting foreachsrmi•annu:l period laid the computation ofthisfreshnllbedelivered atthe same time nes for the calendar auorth ('17.111111. and f)rcenu11er of ench yNo' rain this portion of tine fee shall be Payable ret the scone time and in the same manner its the fees in (1) above for such 111011111.4. Upon termination of this Agreement, file period following, the 1;1!;t prrvioussrmi.annu;l period shalf be a scam-muul0l period for the purposes hereof. ARTICI.B 12 — ACCOUNTING SP.RVIChS Manager shall cause to be maintained an accurate accounting system in connection with its management of the Premises tit Owner's ezpense.'flre books and records shall he kept in accordance with approved accounting principles. Owner shall have the right and privilege of examining said books and records at tiny reasonable time. I\Innnger's present accounting system provides fora calendar year accounling period (-ailing on u the close of business on the Inst (illy of December of each calendar yen: On or bcd0re the last ling n each calendar month, rManager shall furnish Owner with ;I profit and loss slalement of the gross revenues received from rooms, road and beverage and Other sources, guest room occuponcy percentage, average room role, toted expenses paid, nuuulgena•nt lets, and the amount pae}'atble G1 Owner, for flit- business conducted 01, the Premises timing e"l[IliIn e". an 11ing 0aluomonth. Adjustments fm undcrpnymrlit or overPayneent, of Iter Idumgler's fee shall he made in semi• annually accountings which 8111111 he conclusive unless obj1.clion is made thrrelawithin inn (I(gdays Gam its delivery to Owner. lVilhin One Inn wired Lwrnl•v env (121) d:lys offer the end of inch ss year, Manager shall deliver In Owner an profit and loss stulvmenl, certified by the Mnllenar independent certified public ucccuntmnt or arcnuutial; firm normally ennPlnyed by the Manager showing file results of operations during Such calendar, Any disputes as to the contents of much statement 01. any accounting molter hereundershall bedelrrmined by lhemrlified publicnccuunUnnl or nccrnmling firm whose decisions shn11 he final and conclusive on Manager mad Owner. All such accounting costs shall be fluid by Owner. 91 1369' MICROFILMED BY JORM MICR#LAB CEDAR RAPIDS • DES MOINES ARTICLP, 13 — AIALNTHNANO1{ & (:AI'i'I'AI. Itl•;I'LACEN11iN'P At theaxpenseof the Owner, Nlrmagia•shall inn intrtia the 1'r[•rn is,•s.:rad maintain, rep:uf r. ;111(1,Whenever necessary, rcplarc the furnishiups ;[fill equipment in the I'renisrs, fill of Which shall be done to cause the Premises to he maintain(-(Ias a Gusbclass nudcl in accordance with franchise requirements, if any, and with a maximum of ftvepercent(F,^L)of lhetofal gross Sales :rad no less than an average of 3.5S6 of the total gross sales Cor any two yt,ar period. Owner recognizes the necessity of ❑ progr:un of rrplacerficfit of and not(, to furnishings mud equipmentandOwner hereby ogresstosuch;[program.NhuvgP•risnulunrfzti Inmak[•+is inityfm to, in the name of, for lila nec[nutt of, and fit the expense of lila ()1vner.:dl such cout':u•L•: and agrertnertts as ut•c a"Itrntplated by this Agreement or ;trr nraasar}• fur the operation :uol maintenance of the 1'remises [n[I to pay, the s;une when due, subject In the provisions of:\rtiele (f. In furtherance of lie furegoing, theMunuger•shall have due right to notify the Ownerin •.i•ritingnf the type of improvernent and the estimated cost thercnf. If it skull grosstinrxrerd five per[tent(fi;i�) ol'Lhe total Iesinmayoneycm',Owller••vittgiveperntis.hi, fublanagcrinw•ri(ingfuranyannualrepair and maintenance cost that rxixeds five percent (51f6). M;utnger slu(]l imrnedi;dcly natil'y 0d'ner if fit any lime l cost will c ncemett ofsurh ingn•o�'eon•nts it appears and I.vco...vs known loNlnnagerthnl the actual cost will exceed file estimated cost by more Ilam len percent (IOP.") of the esti neat ed cost. AR'I'ICl.li 1.1 — Itl?l.A'190NSIIfI' ANO All'I'ItUlil'1'}' The provisions of thisAgreernent relating to lhem;m;[gentrnt frr p;iynblehen'uuder:trcincluderl Solely for the purpose of providing to method whereby such otonngclaent fee can be measured and nscertnined. Nlanuger and Owner shall not be construed as joint venturers or partners iuf each other i and nelthershoill have thepower to bind (or Oblign tv the other excep tassel foith fit thisAgreeinent,but Nltinager is clothed with such additional authority and pnwcrs ns maty 6e loca nceoss:u•y carry out the spirit and intent of this Agreement. ARTICLE 15 — DEFAULT This Agreement may he terminated upon file happening of nay of the following events: (U If Owner shall file in the courts I, petition, in bankru Pfr'Y or fnsolvcncy fir for fiu'corg;uniralion or far the nppointnteat of n receiver or truster of all or a substantial part of Owner's property; if a Petition in bankruptcy is fife(] ng;iinsl lilt, Owner which is naldi::rluul;erl within sixty ((fo) days thereafter; or the insnivency orOw•ner by rc,[son of Luing nn:thle to pay debts its they mature. (2) The failure of Owner to maintain lie ntiaimum bank balance set out in Article 10. (3) Breach, default, or non-compliance by Owner with ally of the terms, provisions, promises, covenants or conditions contained in this Agreement, followed by written notice from Ntanager to Ownerand failureufOwner toremedy orcorreclsuch breach, defntilt ornomcont)fill act. wit hin thirty (30) days after receipt of such entice. (4) If Manager shrill file in the courts a petition fn bankruptcy or insolvency or for a reorgrmiratimt or for the appohlIneat o fa receiver or lrust ve Ora I I ora substnttlfill part nrMnnag( . ((property;ifaelftiofbanknpicyfsfiledagainsttheN);magerwhichisnotdischargedwithinsixty mature. days thereafter; or the insnlvcnry of Manager by rrasnn of being unable In pay debti as they If this Agreement shall hu terminated its above set forth in this Articloor other provision of this Agreement, Manager rally ane Owner for dmnnges for non•complimtce, breach fir default of any covenant, agreement or wnrrrmty contained in this Agreement, or for non-payment of any sum required to he paid by Ownirr to Nlannger or for sperfrfc perfunnance of any covenant of this Agreement. The waiver of tiny one event of defmalt shall not 6t, eunslnaal ns the waiver any other event of default. fireach, defnult, or noncompliance with ally larat or covenant contained it, this Agreement by Nlanager, followed by written notice given Manager by Owner, tilt(] ffiihu•a of A4nnage• to correct or remedy such breach, default or non•complin ice within thirty (30) days after receipt of such notice shall give the Owner the right to terminate this ell;rormrntwRl nutfibml;nlingmty legal or[•rluilahle remedy which it may have. In any such fiction forbreach, default, nonpayment of sums clue h Mrrcundcr brought by either the anageror Owner, the prevailing party fn such ruction shall br entitled to re[•overy of atfurnev's fe[:s 7. II �31s8' MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES in addition to other damages or remedies. AriTICl.li 16 — CONI)I•;AiMA•I•ION K C:\S(1Ala'S If tilt. who d t. oft h at 19•rmisns shad! be dost rayed Iq• fi rt. lar nt 6cr rasua I ty lar be rt kcu or runrirm ncd in any em inentdomain,condemn;etion. coutpit6)ryacquisifioom•likeprurcedings al>yanyrompt•tent uthority, or if such it thereof shall Ire destroyed ar taken lar condemned as to make it imprudent or unreasonable, in Mnunger's opinion, to use theremauaing portion as n full servic•cm)Icl of lilt, type and class immediately preceding much undertaking lar condelonalirm, then in any such events'lhis Agreement shall terminale as of the datcofsucb desn'uclion, taking or condemnation. In such case Manager shall be entitled, ;as liquidated tr, an amount equal lsix nnantt.hs compensation a.cprovi!le•dinAricle12,Laseduponlh,�:rvgem,mtItlycoin pensatiunran i'll,%-Pa. ie twch'e month period immodintely preceding; provided, however, if surd drsu'uction, taking; ill - condemnation ocrn•s.*•itlt in the fi tst I%% el vu num the ofolo ra lion, said Iiq uida h!d dumag,�au'a• agreed to he as uutlint.d in Addendai:dA. further. in such ams,' Ahuaa!icr'sh;:Il mol bet•ntitled teinny idtetewt ih tilt- insurance proceeds or award for such destruction, Inking or cundemnatiOn. If only a part of the Prenti.;es shall be destrayrd nr taken or condemned and thudestruction or taking of condemnation Of such Ito rt.does nut snake it" 11 IT; 1 son ableorimprudenI. in 0wrier'sopinion. to operate the remainder as motel )f the type atilt dos.; immediately preceding such destruction or taking or condemnation, this Agreement shall not Ierl'tinot I' hu[ gut of the incurtutee prneerds or award to the Owner, sit much thereof as shall Le rrasonnbly necscu'y to repair any (Iamage to the 1'remises, or any part thereof, Or It- alter or modify the nude], (,,';any part thereof, so as to render the motel It complete and satisfactory architectural unit as ;a mute) of the some typo• and class immediately preceding the destruction or laking or condemnation may be made purpose. In such case the Manager shall available for that Ill rompensnted fur au.V los of income resulting from or to result from the destruction or making lar condemnation. Ahtnager's compensation, ns liquiclated d;unages,shnII bt, the (Iifferencc between its actual compensation under elrlicle I I (Iuringtheperiod of Bute required to repair the damages or make alterations or modifications, and the average monthly compensation paid ave• the twelve month period inunedintely preceding; provided, however, ifsuch destruction, laking or condemnation occur.% within Ou. first twelve months of operation, Manager's compensation shall be the difference between its actual compensalinn and the amount shown in Addendum A, per month. Further in such case, Ahmnger shall nut be entitled to any interest in lila insurance proceeds or award fur such destruction, taking lar condemnation. In rase of partial destruction or tithing, ifOwnerdoes not elect Ili alter ormudify(lupruduc•en complel(!and snlisfactory architectural unit), then binnager shall have file right In Icnninte this: Agreement and shall be entitled to liquidated damages as provided in Paragraph If, above. ARTICLE 17 — AI1111'1'RAT10N If any controversy, disagreement or dispute should arise between the parties in the. perfnrmnnee, interpretation and application of this Agreement which involves accounting matters, such dispute shall be settled by the accountants following notice pursuant to Article 12 hereof. If tiny controversy, disagreement or dispule should mise between the parties in the performance, interpretation or application of this Agreement, involving any manner other than tilt accounting mutter within the scope of file preceding parrograph, eifherparty mayst,mv upon theother a written nolico stating that such party desires to have the rood•uvrrsy,rlisngmmnentot'disPuledreided by a board of three (3) arbitrators and naming the person whom ;Inch party Ill's designated to net as arbitrator, within fifteen (15)dnys aflerreceiptof such nonce, No-, I her pit rtysh dI designate it person to act as arbitrator, and shall nolity the party re(jueslintt arbitration of such designation and tilt - name of the person so dt:signated.'fhc two (2) arbitrators designated as aforesaid shall promptly selects third nrhitrl'tor, and if they fail follow), then eitherarbilr tor, on five0j)rlays written notice to the other, shall npply to the American Arbitration Association to designate and appoint sold third arbitrator. If party upon whom said written request for arbitration is served shall fail todesignate its arbitrator within fifteen (I5) clays after receipt of such malice, than the urbitralor designated by tilt - party requesting arbitration shall fact its the sola arbitrator mad shall he deemed to be the single, mutually approved arbitrator to rsulye the controversy, disagreement or distant('. The decision :land award oft mnj)rilyofarhitrators, or)fsuch snlearbilrMorshall brbindingupon both IheOwnerand Manager. N. MICROFILMED BY JORM MICR+LA6 CEDAR RAPIDS • DES MOVIES 13G$` Arhilralion proceedings shall be con (ltic Ied in a•cordance, evith the provisions of Rule 1119 of the Colurado Rules of Civil Prurerltore, and the award off he arhiIr:dors may he filed with the Clerk (1f the I)islrict Court in and for the laity and County DIA htnn•er. Suite of Colorado, ;is It basis of judgenu•nt, and in accordtmce with tile pruvisioms(if hole 109.Theaward if thearbitratorsshallinclude an award of reasonable attorneys' fees and costs ill fuV0r of the prevailing party. In tilt: event that the parties choose to litigate theirdifferences in court, the prevailing partyshall he entitled to an award of reasonable attorneys' fees and costs. AlfrICI.P IS — S11CCIiSSOHS ANI) ASSIGNS Neither party shall assign this Agreement or rights ilu-n-under without the prior written consent of the other party; such cgnseat shall not he unreasnoobly withheld. For the purposes of this Article, an assignment shall he deemed to include any transfor of :i controlling inluresl which is herehv defined ;is being the power. ur, direct or cuuso the dheelion of tnonogement. and policies, v:hether. through the ownership of voting securities• by contract, or ulhrrcisr. Notwithstanding the foregoing, the Manager shall hove the right• without thrwritten consentof the Owner, to assign this Agreement and its rights hereunder( I ) to a parent oraflitialedexer1)or:tliun, or (2) to tiny successor or assign which may result from :illy mergor, consolidation, or reurganization. or (3) to tiny other corpgratiun,'individual, partnership, or other vntity which shall acquire all or substantially all of the business and assets of tit:umger, subject to the condition that any such nssignee shall assume :uul agree to he bound by all of the terms ;end provisions of this Agmement. Upondelivery of duplic:deoriginalsofsucliaxsignment and:t.:sumptiem lulheOwner, Managershall Ile released from all of its of ligatimts and liabilities hereunder, other than ohligutions and liabilities accruing or based on events or tratsarlimns occurring prior to the date of lite assignment and assumption. The terms, provisions, promises, covenants and conditions of this Agreement shall be binding upon grid shall inure to file henefit of thesuccessors in interest and till- assigns of the parties hereto, except Unt no assignment or transfer of this Agreement or of rights or obligations under this Agreement, in violation of the provisions of this Article:, shall vest auy rights in Ute assignee (it - transferee. AR'ricu.; 19 — 111011T OF FlUST )WA-WAI. Owner covenants and agrees with M:uloger flint during lila brut hereof, Owner will not sell, contract to sell, or offer for sale, assign, lease, hypothic:te or otherwise dispose of tiny interest or portion of the Premises without. the prior written consent of Mt anger unless the entire Premises is sold, assigned, lensed, contracted or mortgaged or oth erwise offered forsrdr or mortgage or otherwise disposed of. The provisions of this paragraph shall not authorize Owner to do any act elsewhere prohibited in this Agreement. If at any time during the term of this Agreement, the Owner shall receive n bonafide offer from tiny person to purchase or otherwise acquire the entire Premises, or the entire business conducted in connection therewith, Owner shall deliver to Mnnnger an executed original copy of such offer anti notify, Manager of the intention of Owner to accept the settle. Manager shall have the right within twenty one(21) clays of its receipt ofsuch offer, at its option, to accept the terms of said cone ract in its own name or in the name of a nominee, on lhesametertns and condilionsspecified in saidcontract.If Manager shall not so elect within the said period, the Owner .411:111 have sixty (60) days to close said contract with the party and give possession. If such contract is not closed within such sixty duty period, Owner's right to offer the property to the party shall terminate. The failure of Manager to exercise its right of first refusal shall not affect Mtmnger's right to be afforded a like right on subsequent bonaftde offers. Notwithstanding compliance with this provision, file rights of Manages hereunder this Agreement shall continue as to the Premises and tiny person, partnership or corporation acquiring the Owner's interest Atoll he deemed to be (lie Owner as heretofore defined. If Mtnrnger dors not exercise his right of first refusal:tlul theOwner sells the Prcrnisesduring fill. - term of this Management Agreement, either Manages or the new Owner shall have the right to terminate this Agreement 111)(111 sixty (00) drys notice, provided, however, that upon termination by Owner, Mnnagershall, ms liquidated damages for loss orpj• Ifils hereunder, hcenfilled lou payment in the mmnunl its specified o)r/a}daminnr/r. to, /'lel>r.(f. 1 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES ARTICLL 20 — NO'I'ICI.'S All notices provided for in this Agreement shrill be in xviting anal all notices or pnynu'nls of money shall be made either by defivery or deposit in the LI,S, Postal Service, Postage pre -paid, to the fullowing address for each party for the duration of this Agreena•n t or any renewal thereof until sucll limes as written notice, as provided hereby, of n change of address with thereafter is given the Other Party. See Addendum A. a single address to lie used Delivery shall be completed upon receipt of any such notice which shall he presumed to have occurred within four (4) bnsintss days if ntniled hot such pn:surnption shall be rebuttable. ARTICLE 21 — APPLICABLI, LAW The interpretation, vldidity and performance of this Agrcrntent shall be governed by the Laws of the State of Colorado.•in the event any courtmr nppropriatejudicial authority shall hold or declare that the law of anotherjurisdiction is applicable, Ibis A;;n•emernt shall remain enforceable; under the laws of the appropriate jurisdiction: provided, however, if any part (,['this Agreement he declared invalid or unenforceable., forcble., the remaining provisions shall remain valid ;uul eo[ie,ceable. AR'I'fCLL 22 — PAY\11{N'I' OF PRI"-OPI•;NING SLIiVI('I•:S Atlenstoncceach c;dendarmonth, OPer;dorsh:db furnislt fhvnra'a sl:drnu•nt ite exPenses incurred on Owner's behalf pursuant to the pro -opening Plan nod Owner'mixingcosls;mal shall insure[hnt sufficient funds are available it, pay the costs and expenses incurred, ARTfCLL 23 — TLRMINATION FEI; For a single service property, (Rooms only), the said first year termination fee shelf riot be less than $7,500 for up to n 200 room property. Snid fee to be reducrd by S2.;,00 ever}'ve:u' until the third year after which there will be no termination fee. Liquidated changes shall be in the ['arm or a termination fee as stater[ above. No liquidated dnnuages Shall Occur after the third year, For n full serviceproperty, the said O�st,vea• termination fee shall not be hss than $?(1,0(10 for up to', F rooms, This said fee shall be reducod by $4,000 a year until ;offer fivpyears. fhe'e will be no termination fee. Liquidated damages shall be in the fm•m of flip termination fee as Anted above and no liquidated damages shall occur after the fifth year. Liquidated damages dor• In Sale, Article 10, alsusmue:as termination fee slnted above. ARTICLE 24 — GENERAL PROVISIONS Any change or modification of this Agreement must he in writing signed by hoot parties hereto. This Agreement shall be executed in one or more counterparts, each of wlticlt original. The captions for each Article are intended for eonvpnienc•e only, shall be dremed an 10. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES e I i i 'i ARTICLL 20 — NO'I'ICI.'S All notices provided for in this Agreement shrill be in xviting anal all notices or pnynu'nls of money shall be made either by defivery or deposit in the LI,S, Postal Service, Postage pre -paid, to the fullowing address for each party for the duration of this Agreena•n t or any renewal thereof until sucll limes as written notice, as provided hereby, of n change of address with thereafter is given the Other Party. See Addendum A. a single address to lie used Delivery shall be completed upon receipt of any such notice which shall he presumed to have occurred within four (4) bnsintss days if ntniled hot such pn:surnption shall be rebuttable. ARTICLE 21 — APPLICABLI, LAW The interpretation, vldidity and performance of this Agrcrntent shall be governed by the Laws of the State of Colorado.•in the event any courtmr nppropriatejudicial authority shall hold or declare that the law of anotherjurisdiction is applicable, Ibis A;;n•emernt shall remain enforceable; under the laws of the appropriate jurisdiction: provided, however, if any part (,['this Agreement he declared invalid or unenforceable., forcble., the remaining provisions shall remain valid ;uul eo[ie,ceable. AR'I'fCLL 22 — PAY\11{N'I' OF PRI"-OPI•;NING SLIiVI('I•:S Atlenstoncceach c;dendarmonth, OPer;dorsh:db furnislt fhvnra'a sl:drnu•nt ite exPenses incurred on Owner's behalf pursuant to the pro -opening Plan nod Owner'mixingcosls;mal shall insure[hnt sufficient funds are available it, pay the costs and expenses incurred, ARTfCLL 23 — TLRMINATION FEI; For a single service property, (Rooms only), the said first year termination fee shelf riot be less than $7,500 for up to n 200 room property. Snid fee to be reducrd by S2.;,00 ever}'ve:u' until the third year after which there will be no termination fee. Liquidated changes shall be in the ['arm or a termination fee as stater[ above. No liquidated dnnuages Shall Occur after the third year, For n full serviceproperty, the said O�st,vea• termination fee shall not be hss than $?(1,0(10 for up to', F rooms, This said fee shall be reducod by $4,000 a year until ;offer fivpyears. fhe'e will be no termination fee. Liquidated damages shall be in the fm•m of flip termination fee as Anted above and no liquidated damages shall occur after the fifth year. Liquidated damages dor• In Sale, Article 10, alsusmue:as termination fee slnted above. ARTICLE 24 — GENERAL PROVISIONS Any change or modification of this Agreement must he in writing signed by hoot parties hereto. This Agreement shall be executed in one or more counterparts, each of wlticlt original. The captions for each Article are intended for eonvpnienc•e only, shall be dremed an 10. MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES —'� rill, I IN WITNESS W I I E It G',tl purliesheretuh:rccdnlyesecutr:dnnddeliveredthisACreenu•ntat Ucnver, Colorado on th ay : d year first above written. OWNER: /J 13y fLG��Glv�'lItLLL1P%r /Oj/ Attest IIIANAGERr Rocky IvInuntain Hospitality Services, Inc. Ry: Attest: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 13�a' ■ ADDENDUNIA NIANr1Ch:NIh:N'1' r1CRKI;NII:NP l- MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES OWNER: (�/Y✓l�rr�/ Ua.Y7�'Y NIANAGER: Rocky Nlountain Hospitality Services, Inc. - ...- 1860 Lincoln Street Suite 100 - .. Denver, Colorado 80205 NAME OF PROPER'CY: LOCATION OF PROPERTY: DATE OF THIS CONTRACT: `J'JAY 9 2 19619 1 , NOTICES: ATTEST: OWNER: Ry: — A'ITES'1': MANACIat: l- MICROFILMED BY DORM MICR+LAB CEDAR RAPIDS • DES MOINES 0 0 The Colk e F za A bint Development of Coll Plaza Development Company and High Country Corporation 122 South Linn Teelephone (319) 338.9222 July 12, 1980 Mr. Neal G. Berlin City Manager City of Iowa City Civic Center Iowa City, Iowa 52240 Re: Parcel 64-1 Dear Mr. Berlin: This is to acknowledge receipt of your letter of July 11, 1980. With respect to the hotel management agreement between High Country Corporation and Rocky Mountain Hospitality Services, Inc., this was entered into by these parties because, as you know, under the CPDC/High Country proposal High Country would own the hotel portion and would therefore be responsible for its management. However, a further review of the City Council resolution does indicate that action by CPDC on the hotel management agreement may also be required. Therefore, a ratification of this agreement has been executed by CPDC, a copy of which is enclosed. The Joint Venture Agreement does not, at this time, contain any provision specifically dealing with this agreement, for the reasons above set forth. If you have any further questions, please do not hesitate to contact me. RND:tmp Enc. Ver tr ly yours,` er G l, doer N. owner Project Representative MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES RECEIVED JUL 1 21910 LEGAL DEPARTMENT Il: Y� n.'O. f5 1364 RATIFICATION WHEREAS, on May 22, 1980, HIGH COUNTRY CORPORATION, a Colorado corporation ("High Country") entered into a "Management Agreement" with ROCKY MOUNTAIN HOSPITALITY SERVICES, INC., a Colorado corporation, for providing management for a new hotel to be owned by High Country in Iowa City, Iowa, a copy of said management agreement being attached hereto and by this reference made a part hereof, and WHEREAS, High Country is developing said hotel as a participant in a joint venture with COLLEGE PLAZA DEVELOPMENT COMPANY, an Iowa general partnership, ("College Plaza") with such joint venture having been designated the preferred developer on Urban Renewal Parcel 64-1 in Iowa City, Iowa, and WHEREAS, the ownership of said hotel, which is a part of the development being undertaken by the joint venture, will ultimately vest in High Country and, for this reason, College Plaza did not enter into said management agreement but desires to approve and ratify the same in order to eliminate any question relative to the i authority of High Country to negotiate and execute said management agreement. NOW THEREFORE, College Plaza does hereby approve and ratify said management agreement in its entirety, effective as of May 22, 1980, and does further agree that said management agreement shall be binding RECEIVED JUL 121310 LEGAL DEPARTMENT. 11 N r C".r e> 1369 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES -2 - on the joint venture as fully and completely as if College Plaza had been a party thereto. a, effective this 22nd day of May, 1980. Dated at Iowa City, Iow COLLEGE PLAZA DEVELOPMENT COMPANY BY: MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES WILL J. HAYEK JOHN W. HAYEK C. PETER HAYEK C. JOSEPH HOLLAND HAYEK, HAYEK a HAYEK ATTORNEYS AT LAW 110 EAST WASHINGTON STREET IOWA CITY. IOWA 92240 July 14, 1980 The Honorable Mayor and City Council of Iowa City Civic Center Iowa City, Iowa 52240 Re: Urban Renewal Parcel 64-1 Mayor and Council Members: AREA CODE 319 337-9606 FilLF0 UL 1 4 1980 ABBIE STOLFUS CITY CLERK City Manager Neal Berlin, Assistant City Attorney Roger Scholten and I have reviewed the submissions to the City made by College Plaza Development Company and High Country Corporation, a joint venture, in connection with the develop- ment of the above project. These submissions were filed by them with the City on July 11, 1980, as required by Resolu- tion No. 80-181. A copy of that Resolution is attached to this letter for your reference. These submissions were reviewed to determine whether or not they comply with the requirements established by you in Resolution No. 80-181. Resolution No. 80-181 established two requirements which were to be met within sixty days from the date of the Resolution, one which was required to be met by July 1, 1980, and a final requirement which was to be met on or before July 15, 1980. Although the developer has complied with some of these requirements, unfortunately, it has not complied with all of the requirements. These requirements are discussed below: 1. Hotel Management. The Resolution required that the developer enter into a hotel management agreement or other- wise secure hotel management and submit the legally binding agreement to the City for approval. We arc in receipt of: a hotel management agreement entered into between High Country Corporation and Rocky Mountain Hospitality Services, Inc.,: providing for the management by Rocky Mountain Hospitality Services of a hotel on Parcel 64-1 to be owned by High Country Corporation. This hotel management agreement is for a term of thirty years. Although the hotel management MICROFILMED BY JORM MICR+LA13 CEDAR RAPIDS - DES MOINES 1370 Honorable Mayor and City Council Page Two July 19, 1980 agreement appears to be in proper form and appears to be legally binding, we cannot certify to you at this time full compliance with the requirements of paragraph 1 of your iResolution, because the agreement was entered into by only one of the two parties to the joint venture. The ratifi- cation of the management agreement by College Plaza Develop- ment Company is insufficient, in our opinion, to bind the joint venture which was designated as the developer. + Although we have not received a copy of the joint venture agreement between College Plaza and High Country Corpor- ation, Mr. Downer's letter of July 12 indicates that the joint venture agreement does not contain any provision specifically dealing with the hotel management agreement. Further, it appears that the negotiations between College Plaza Development Company and High Country Corpor- ation with respect to the development entity have not yet been finalized. Please see in this regard paragraph 6 of a letter of July 10, 1980, from Mr. Downer to Mr. Scholten. Further, it is important to note that the City has not approved the phasing of this project in such a fashion that the hotel would be owned by High Country Corporation as suggested by Mr. Downer in his letter of July 10. Accord- ingly, we cannot certify to you at this time that the joint venture of College Plaza Development Company and High Country Corporation have complied with the requirements of paragraph 1 of your Resolution. However, because of the problems noted below with respect to the department store lease and contract language, further discussion of this point is not necessary at this time. ! 2. Department Store Lease. Paragraph 2 of your iResolution required the developer to secure a legally binding lease for the department store portion of the development or provide other evidence necessary to demonstrate "the certainty" ! that the developer has the ability to obtain such a lease. This evidence was required to be submitted within sixty days from the date of the Resolution. We do not believe that the developer has complied with this requirement. Specifically, you are referred to the letter from Mr. Robert C. Armstrong, chairman of, the board of Armstrong's, inc., dated July 11, 1980, and received by the City on the same day. That letter makes it clear that although lease negotiations are under- way, those negotiations have in no way been completed, no lease exists, and no binding promise or agreement or other assurance exists which would provide evidence indicating the MICROFILMED BY JORM MICR+LA6 CEDAR RADIOS - DES MOINES Honorable Mayor and City Council Page Three July 14, 1980 probability, let alone the certainty that a lease will in fact be entered into between the developer and Armstrong's, Inc. The letter indicates that Armstrong's believes that another thirty days would be necessary for lease negot- iations. Lease details and other construction details would have to be approved by Armstrong's legal counsel. Con- sultants for Armstrong's have apparently not yet approved the store layout and construction details and these con- sultants have apparently not yet advised the management of Armstrong's that the plans and specifications are suitable for Armstrong's store operation. Since this letter is the only evidence submitted by the developer of compliance with paragraph 2 of your Resolution, we must advise you that the developer has not complied with that paragraph. 3. Contract Terms. Your Resolution required agreement on contract language by July 15, 1980. Agreement on contract language has not yet been accomplished and further it is highly improbable that contract language will be agreed upon by July 15, 1980. Mr. Scholten is in receipt of a letter from Mr. Downer dated July 10, 1980, making several requests with respect to contract language. Several of these sug- gestions have major implications for the project and con- siderable time will be required to negotiate agreeable language. Examples of these areas include: phasing of the project; and approval of the ownership of the development entity or entities (this approval will require council action). Although it is possible that contract language could be agreed upon within a matter of weeks, we believe that considerable work will yet be necessary to reach agreement on contract language and that, as indicated, there is no way that contract language can be settled upon before July 15, 1980. 4. Plans. The developer has submitted preliminary design plans as required in paragraph 3 of the Resolution. These plans have been approved by the design review com- mittee and are on your agenda for consideration Tuesday night. As indicated above, the developer has not complied with all of the material requirements of Resolution 80-181. Although these requirements were Council imposed, we believe that waivers or extensions of these requirements should not be granted. First of all, the requirements of the Resolu- tion were established in order to give the developer an MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES Honorable Mayor and City Council Page Four July .14, .1980 opportunity to make the necessary arrangements for this project within a time frame that would permit us alter- natives in the event the developer failed to complete the arrangements. Extensions of time would jeopardize our ability to contract with the other principal developer on this project. Secondly, from a legal standpoint we have very grave reservations about permitting any further ex- tensions of time to the designated developer. Although a detailed discussion of the reasons for this recommendation would not be appropriate at this time, we must strongly advise against an extension or waiver of the material requirements of Resolution No. 80-181. In conclusion, it is our belief that the designated devloper, being the joint venture of College Plaza Develop- ment Company and High Country Corporation, has not complied with the requirements of your Resolution. Further, as indicated, we do not believe that any extensions or waivers of these requirements are advisable. Accordingly, we recommend that the designation of College Plaza Development Company and High Country Corporation, a joint venture, as the preferred developer be revoked and that the Council take further appropriate action. Resolutions appear on your agenda for Tuesday night implementing the various alter- natives open to you and the City Manager will have further recommendations for your consideration at that time. JWH:pl Attachments Respectfully submitted, 4 31.hW. Hayek MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES 137° RESOLUTION NO. 80-181 RESOLUTION DESIGNATING PREFERRED DEVELOPER FOR URBAN RENEWAL PARCEL NO. 64-1 IN DOWNTOWN IOWA CITY WHEREAS, the City of Iowa City, Iowa, has under date September 2, 1970, entered into a contract for loan and grant with the United States of America; and, WHEREAS, the City of Iowa City, Iowa, has undertaken pursuant to said contract an Urban Renewal Project known as the City -University project I, Project No. Iowa R-14; and, WHEREAS, the City of Iowa City, Iowa, has received an entitlement of funds pursuant to the Housing and Community Development Act of 1974; and, WHEREAS, the City of Iowa City, Iowa, has, pursuant to the provisions of Title 24, Part 570, Section 570.801(c) of the Code of Federal Regulation;, transferred Community Development Block Grant funds to said Urban Renewal project, and transferred control of certain real property acquired in carrying out said Urban Renewal project to the City Council of the City of Iowa City from the City Council acting as LPA, by Resolution No. 76-446, dated December 14, 1976, and by Resolution No. 77-312, dated August 9, 1977; and, WHEREAS, the City Council of Iowa City, Iowa, did, by Resolution No. 80-8, authorize the solicitation of offers to purchase land for private redevelopment; and, WHEREAS, offers to purchase land for private redevelopment were received and opened by the City of Iowa City on April 8, 1980; and, WHEREAS, all offers to purchase received have been reviewed by the City staff and the City Council; NOW, 1HEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that pursuant to the authority granted by Section 403 of the 1979 Cody of Iowa and Section 570.801(c) of Part 570, litle l4, Cndn of Irdr-ral Regulations, and pursuant to the procedures specifier) in Setl.inu V, Iowa City Downtown Urban Renewal Prospectus, the following devel(g)"r• i. designated as the preferred developer of Urban Renewal Parcel No. 64-1: College Plaza Development Company and H1gh Country Corporation, (a joint venture). MICROFILMED BY JORM MIC R+LA8 CEDAR RAPIDS • DES MOINES 1370 .t Res lion \ 80-181 r Page 2 BE IT FURTHER RESOLVED that this designation is subject to the following conditions: 1. date As Soon as possible, and in any event, no later than 60 days from the hall enter into a hotel agreement, hereof, otherwise sesecureoper shotel management, in a manneranagent m is legally binding for the life of the bond issue, and shall submit said legally binding agreement to the City for approval. 2. As soon as possible, and in any event, no later than 60 days from the date hereof, the developer shall secure a legally binding lease for the department store portion of the development, or shall provide other evidence as necessary to demonstrate to the City the certainty that the developer has the ability to obtain such a lease, and shall submit such evidence to the City. 3. As soon as possible, and in any event, no later than July 1, 1980 the developer shall submit to the City, for the entire project t , Preliminary Design Plans as defined in Section 301 of the proposed Contract for Sale of Land for Private Redevelopment. 4. As soon as possible, the City and the developer shall conclude final negotiations regarding all provisions to be contained in the Contract for Sale of Land for Private Redevelopment. There shall be agreement on such Contract on or before July 15, 1980, it being the intent that said Contract shall be executed on or before August 19, 1980. 5. The Contract for Sale of Land for Private Redevelopment shall contain provisions requiring that the developer submit to the City, on or before September 30, 1980, all detailed financial information necessary to support the issuance of Industrial Revenue Bonds. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to carry out the land disposition procedures in accordance with Iowa law, and as set forth in the Iowa City Downtown Urban Renewal Prospectus. BE IT FURTHER RESOLVED that this designation of a preferred developr.r rlun, not constitute formal City acceptance of any offer to purchase. BE IT FURTHER RESOLVED that the adoption of this Resolution does not constitute a rejection of the proposal submitted by the other bidder. 1370 MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS - DES MOINES Res Lion 80-181 Page 3 It was moved by Roberts and seconded by Vevera the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Balmer X Erdahl X Lynch X Neuhauser X Perret X Roberts X Vevera Passed and approved this 13th day of May , 1980. MA 0 ATTEST:' , CITY CLERK MICROFILMED BY JORM MICR+LAB CEDAR RAPIDS • DES MOINES P.ecsived A Approved 8y he Logal Dcparlment