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R 0 L L CALL
REGULAR MEETING OF MARCH 12, 1974
7:30 P.M.
PRESENT ABSENT
BRANDT
CZARNECKI
DAVIDSEN
ci
dePROSSE
WHITE
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4 �GULAR �INCIL �
� 12, 1974 ING
The Io 7:.30 P.M.
the 12th wa city C.
at the Ci dic Cenay Of t arch at t Ity °7nci1 met
Membe er' :30 P.M. in regular session
sent.
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trolled by he Ceti nR ity fat C Po tion presids to b ia idsen' Whit
e.
of a vontwas moved by D The
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co the re read to be David
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inuteswas mo ed motion carried. g of ebzand Y 26pp Ve
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to consider
mot - andio f nd
sub�ect uta s
2 21 74
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i C Comm issio pa kS n erfr°nt Comm Brandt
that the
jn Commrst Prior i sion that erning the 2 20 74 be creatioSI on 2 2l
Proveme tY._ co the co reco receiv, COissi 74
green nt of nsidera nSulta r►►Rlendati ed and °n�
be area the Io tion nt be °n fr Elle
cave it was wa Rive be given instr °m th d.
by B Yed b note r Co en t° acted e Rive
the rands and Y the Ci d that Corridor Prese that as ;Vest Laks and Re°pndcreaeci bManagerhtoobject.e Ives
m nen space as d a
at lens ionaJbe fm 11�ade not no ton COw b Ben
rises.n that conSu1tant Toned will
as Part veh les vallable f ng ac ive at
he reCOmmendt was move
filedof the and °r re lY Used se areas
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carand referred
Devhat access ea tion ud for landf.of the
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the Park and Re moved b e City Man tivi - e uses be ding reCr�_
the C° mt1ment in eat * co avidsen a er f°r brep received veloPed
for ssio heir mmis nd secondort and
Bele t oRalston C be reek involy d s�TheOn be 1nfOrmeed byb ?t motion
carried n of a consu t nt gect,;Prolth Y e sel ct ty CO that
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Tradin n Appro Y White
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Czarne Post 2l ving Clas and Seco Motion
absent c]�i. DavidSen S• Riv rsi Beer p� erm , by Brandt to
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MINUTES OF A REGULAR COUNCIL MEETING
MARCH 12, 1974
7:30 P.M.
The Iowa City City Council met in regular session on
the 12th day of March at 7:30 P.M. in the Council Chambers
at the Civic Center.
Members present: Brandt, Czarnecki, Davidsen, White.
Absent: deProsse. Mayor Czarnecki presiding. The meeting
was recorded by KXIC Radio, portions to be broadcast later
are at the discretion of the radio station and in no way con-
trolled by the City or the Council.
It was moved by Davidsen and seconded by White to consider
the amount read to be a full reading and to approve the minutes
of the regular Council meeting of February 26, 1974 subject to
correction. Motion carried.
It was moved by White and seconded by Brandt that the
7-:-1
3/6/74 and Housing Commission, 2/20/74 be received and filed. _
Motion carried. Concerning the recommendation from the River-
front Commission that the consultant be instructed that as a
first priority, consideration be given to preservation and
improvement of the Iowa River Corridor as an open space and
green area, it was noted that the objectives mentioned will
be conveyed by the City Manager to the consultant. It was moved
by Brandt and seconded by Davidsen that the recommendation of
the Parks and Recreation Commission that those areas of the
West Landfill, not now being actively used for landfill oper-
ations be made available for recreation uses, including recre-
ational vehicles, and that access for these uses be developed
as part of the 1974 Development Activities be received and
filed and referred to the City Manager for report back. Motion
carried. It was moved by Davidsen and seconded by White that
the Parks and Recreation Commission be informed that concerning
the statement in their minutes, "The City Council does not want
the Commission to be involved in the selection of a consultant
for the Ralston Creek Project", they were to be involved in the
selection of a consultant, input thru the City Manager. Motion
carried.
It was moved by White and seconded by Brandt to adopt the
Resolution Approving Class C Beer Permit Application for Buck's
Trading Post, 2120 S. Riverside Drive. Upon roll call Brandt,
Czarnecki, Davidsen, White voted 'aye'. Motion carried, deProsse
absent.
f
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Page 2
Council Minutes
March 12, 1974
It was moved by Brandt and seconded by Davidsen that the
letter from Signi Falk, President, Hawkeve Area Chapter, Iow
Civil Liberties Union, concerning Section 6.16.2 of the Cit
Code be recieved and filed and referred to the City Manager
and City Attorney for report to Council. Motion carried.
It was moved by Brandt and seconded by White that the
letter from Harold Hughes, U.S. Senator, concerning Senate
File 1541, regarding revenue sharing be received and filed.
Motion carried.
It was moved by Brandt and seconded by Davidsen that the
letter from Robert Howard Benno, 413 E. Jefferson, concernin
. Motion
carried.
It was moved by Brandt and seconded by White that the
letter from Robert Foster, Lutheran campus Council, request
parking on one side of the 100 block of Church Street be al
on Saturday and Sunday, be received and filed and referred
the City Manager to get a recommendation consistent with_th
present Policv. Motion carried. -
lowed
to
e
It was moved by Brandt and seconded by Davidsen that the
letter from Ernesta D. Ballard, President, Pennsylvania IIorti-
cultural Society, concerning their "10,000 Trees" Bicentennial
project be received and filed and referred to the Mayor, Project
Green and the Citv Manager for report back to Council. Motion
carried.
It was moved by Brandt and seconded by Davidsen that the
tter from Mary Neuhauser, Riverfront Commission, regarding a
.verfront Commission recommendation for the objective of a
verfront Plan be received and filed. Motion carried. `,M
It was moved by White and seconded by Brandt to take up
Item 21 out of order. _Motion carried. City Attorney John
Ijavek gave a brief report on the contents of the contract with
Old Capitol Associates for the urban renewal project_ which includes ;
the sale of 11.5 acres of urban renewal property to Old
Capitol Associates, 2) agreement of redeveloper for development
of property and 3) agreement on City's part for public improve-
ments. The City Manager explained the exchanges of property and
air rights, and effects of the exchanges; and noted street
closures, some to be reviewed and some to be closed, listed in
Page 3
•
Council Minutes
March 12, 1974
Schedule E, are subject to compliance with necessary legal
requirements. He recommended that the Mayor sign the contract
subject to the filing of amended proposal and offer. Mayor
Czarnecki stated that in his opinion, citizens are voting on
the Old Capitol Associates Redevelopment proposal at the
March 28th referendum. Rev. Robert Welsh appeared presenting
a letter from the Board of the First Christian Church request-
ing deletion of closing of Dubuque between Iowa and Jefferson,<-�.
d d d d b y
Item 11, Shcedule E. It was moved by Bran t an secon e y
White that the letter be received and filed. Motion carried.
It was explained why this closing was a part of the contract.
Councilman Brandt commented on the impact of the project to
the City and University and requested that the citizens vote
on this important issue. It was moved by Brandt and seconded
by White to adopt the Resolution Accepting Old Capitol Associ-
ates Redevelopment Proposal and Authorizing Execution of the
Contract. Upon roll call Czarnecki, Davidsen, White, Brandt
voted 'aye'. Motion carried, deProsse absent. 4/0. Rev. Welsh
acknowledged the work done by the Council and staff, noting the
contract reflects the basic concerns of the citizens. Council-
man Brandt expressed his appreciation for Rev. Welsh's interest
and support of urban renewal. Dick Fedderson appeared stating
gratitude to the Council for their action, judgement,consistancy
and sincere interest in making downtown Iowa City a better place_
for all people.
_
�K a?
It was moved by Brandt and seconded by Davidsen that the
rules be suspended and the third reading of the Ordinance
Amending Final Planned Area Development Plan for MacBride
Addition, Part I be given by title only. Upon roll call Davidsen, .,_ J
White, Brandt, Czarnecki voted 'aye', deProsse absent. Motion
carried and third reading given by title only. It was moved
by Brandt and seconded by Davidsen to adopt the ordinance.
Upon roll call White, Brandt, Czarnecki, Davidsen voted 'aye',
deProsse absent. Motion carried 4/0.
It was moved by Brandt and seconded by White that the rules
be suspended and the third reading of the Ordinance Adopting
Final Planned Area Development for "�cBride Addition, Part II
be given by title only. Upon roll mall White, Brandt, Czarnecki, <<',=i
Davidsen voted 'aye', deProsse absent. Motion carried and
third reading given by title only. It was moved by Brandt and
seconded by Davidsen to adopt the Ordinance. Upon roll call
Brandt, Davidsen, White voted 'aye', Czarnecki voted 'no',
deProsse absent. Motion carried 3/1.
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Page 4
Council Minutes
March 12, 1974
After statements by Brandt and Davidsen, it _was moved by Brandt
and seconded by White that the rules be suspended and the third
in of the Ordinance RezoningStreb-National By -Products from � .
read
RIA i. M be given by title only. Upon roll call Czarnecki,
Davidsen, White, Brandt voted 'aye', deProsse absent. Motion
carried and third reading given by titlevo'no'
nlyouncilwosamoved
Davidsen explained why she was going
to the Ordi. Upon
by Brandt and seconded by White
zarneo
roll call Brandt voted 'aye', kit Davidsennance
White voted 'no',
deProsse absent. Ordinance not adopted. Councilman White explained
his ',no' vote.
It was moved by White and seconded by Davidsen that the rules
be suspended and the second readin of the Ordinance Changing the
Name of MacBride Road to MacBride Drive in MacBride Addition, 7 ✓�
Part I be given by title only_ Uponroll call absenthite,Bran. motion carried'�
Czarnecki, Davidsen voted 'aye',
and second reading given by title only.
It was moved by Brandt and seconded by White to amend the
Ordinance Amendin the Municipal Code of the City Of Iowa City by
Increas n Street Stora a from Twelve to Twenty-four hours_to
mt,;,-*��-six hours. It was moved by White and seconded by Davidsen /%
that the motion be tabled until the regular deProsseabsent,meeting wo from
today. Motion carried, Brandt voting 'no',
he rules
it was moved -by White and seconded by Davidsen titletonly. Upon
be suspended and the first reading be given by
roll call Brandt voted 'no', Czarnecki, Davidsen and White voting
'aye', deProsse absent, 3/1/1. Motion not adopted. It was moved
by White and seconded by Davidsen that first readingbe gendeProsse
Brandt voting 'no', Czarnecki, Davidsen, White voting'aye,,
absent, 3/1/1, and first reading of Ordinance given in full.
After explanation by the City Engineer, George Bonnett, and
by Brandt and seconded by White to adopt
discussion, it was moved
-_ -_-- ,..,�*�*+ Sian Orientation at the inter-
setion of Ca ip tol. Clinton an,
to-- Provide a Through Movement
Czarnecki, Davidsen, White, Br
deProsse absent, 4/0.
ubuque with Court_ Street so as-
{,
Court Street_ Upon roll calls::
t voted 'aye'. Motion carried,
It was moved by Brandt and seconded by White to adopt the
Resolution A rovin Contract and Bond for C. S. Ehin er Compan
for the R-14 Demolition and Site Clearance Pro'ect, Contract #3
Upon roll call Davidsen, White, Brandt,
Czarnecki voted 'aye',
deProsse absent. Motion carried 4/0. Urban Renewal Director
Jack Klaus, explained which buildings would be demolished.
1L </1 t' I
•
City Manager wellspointedout that parcel 84/1 and 84/2
should have been incor orated in an earlier contract. He also
presented a letter from Dan Boyle, requesting a delay in demo-
lition until after the referendum. Dan Boyle appeared represent-
ing owners of Burger Chef. It was moved by Brandt and seconded
by Davidsen that the letter be received and filed. It was
moved by Brandt and seconded by Davidsen to adopt the Resolution_
Approving Contract Amendment for the Urban Renewal Demolition_ lf0
Contract No 3, adding $4,780.00. Upon roll call White, Brandt,
Czarnecki, Davidsen voted 'aye'. Motion carried 4/0.
It was moved by White and seconded by Brandt to adopt the
Resolution Approving Plans and Specifications and form of Contract
for Two 24,000 Gross Vehicle Weight Truck Chassis with Dump Body
and H draulic Hoist for use b the Street Division and the Equipment
4/18/74. Upon roll `,•'�%
Division and Setting Date for Receiving Bids,____,_____
call White, Brandt, Czarnecki, Davidsen voted 'aye'. Motion carried,
deProsse absent 4/0.
It was moved by Brandt and seconded by White to adopt the
Resolution Establishing a Four Ton Load Limit on Mormon Trek from
Benton Street South to the City_ Limits and on Rohret Road West_
from Mormon Trek to the City Limits. Upon roll call Brandt,
Czarnecki, Davidsen, White oted 'aye'. Motion carried, deProsse
v
absent.
After discussion, it was moved by Brandt and seconded by
Davidsen to approve the A plication from Northwestern Bell
Telephone Company for Construction on Highway Right-of-way of
underground cable on N. Dodge and N. Governor. Upon roll call
Davidsen, White, Brandt voted 'aye', Czarnecki voted 'no',
deProsse absent. Motion carried 3/1.
it was moved by Brandt and seconded by White to adopt the
Resolution Acceoting the Work on the 1973 Sidewalk Assessment.
Program. Upon roll call Davidsen, White, Brandt, Czarnecki
voted 'aye!. Motion carried 4/0, deProsse absent. It was moved
by Brandt and seconded by Czarnecki that the sidewalk program on
Mormon Trek be instigated immediately and not in the 1974_
Sidewalk Program.- Motion defeated White and Davidsen. voting
no ,2.
It was moved by White and
Resolution Amending "Complaint
or Tenants in Iowa Cit 's Lea
Mntion carr ed.
E
seconded by Davidsen to defer the
Grievance and Appeal Procedures" 1
na tiousinc7 Program for one week. /
C�
City Manager Wells reported that as certified by Wayne
Evenson, Conductor, at the March 7th Union Election, 96% of
those employees of the City who were eligible voted, with 56%
endorsing AFSCME Union to represent them. It was moved by Brandt
and seconded by White ro receive and file the certification of
election results, and to instruct the City Manager to begin
negotiations with the newly elected representatives. Motion
The Mayor called a five minute recess.
Mayor Czarnecki stated that the Council had received the
memo from Attorney Hayek concerning mandatory park land dedi-
cations. City Attorney Hayek reported on the results of his
study stating his opinion that the City does have the power
to require mandatory dedication or fees -in -lieu of dedication
if certain standards are adhered to; 1) the park required must
be included in our comprehensive or general plan, 2) the sub-
division exaction must be considered reasonable, with regard to
the subdivision in question, 3) the requirements must be at-
tributed to the specific needs of the subdivision in question,
4) the advantage gained from the requirement must be used to
the direct benefit of the people in that subdivision. He stated
that there would be a significant amount of study and planning
by the Department of Community Development before this could
be enacted. It was moved by Brandt and seconded by Davidsen
that the mandatory dedication of park land be referred to the
City Manager for report back to Council as to procedural steps
to be taken to enact regulations in this regard. Motion carried.
After complimenting the legal department for the thorough work
done, it was moved by Brandt and seconded by White that a copy of
the memo be sent to the Planning and Zoning and Parks and Rec-
reation Commissions. Motion carried.
Mayor Czarnecki announced that this was the time set for the
public hearing on an Ordinance Amending Chapter 8.10 of the
Municipal Code of Iowa City, which adds a Central Service_ Business
zone. Richard Wollmershauser, Department of C0nty Development,
explained the previous action including a public hearing in October,
1973, and advised that parking provisions had since been added, and
the list of CB Zone uses was delineated. The Mayor then declared
the public hearing closed.
It was moved by Brandt and seconded by Davidsen that the
Mayor of Iowa City be instructed to contact the Mayor of University
Heights to discuss the possibility of a joint merger. Motion
defeated, White and Davidsen voting 'no', deProsse absent. It
• was moved by Brandt and seconded by Davidsen that the Mayor consult
with the Mayor of University Heights to schedule a joint meeting
with the Counc 1._ Motion carried, Czarnecki voting 'no', deProsse
absent, 3/1.
Page 7
Council Minutes
March 12, 1974
Councilman White reminded the Council of the Legislative
session Saturday morning at 9:30 including a discussion of the
status of the Department of Transportation Bill, Land Use Bill
and the Collective Bargaining Bill. It was moved by White and
seconded by Brandt that the correspondence from the City P.ttorne
concerning the Marijuana Ordinance be referred to the Regional_
Planning Commission.. Motion carried. It was moved by White and
seconded by Davidsen that a copy be sent to Rod Miller who
precipitated the discussion. Motion carried.
Mayor Czarnecki announced receipt of the Solid Waste_.
managemE.
Commission. It. was moved by .Brandt and seconded by White that
the document be received and filed andreferredto the City
Manager for report back to the Council. Motion carried.
��13
1;71
The Mayor announced the appointment of Betty Park, 1421 Spruce
Street, to the Board of Adjustment, term expiring January 1,--;,975,.
It was moved by Brandt and seconded by Davidsen that this appoint-
ment be approved. Motion carried.
Mayor Czarnecki noted that the proposal from the Social Services
on Dav Care would be discussed later. He also inquired if the
- ---_ , I _. 7", ,; 7c1 cnka
Public Relations Director confirmed that the program would start , f
on Saturday April 6th. The Mayor announced that he had received
suggestions regarding recreational multi -uses for the proposed
ramp in the Urban Renewal Project. It was moved by Davidsen and
seconded by Brandt to refer those suggestions to the City Manager
for consideration and report to the Council. Motion carried.
Mayor Czarnecki noted that he had contacted individuals in Cedar
Rapids regarding the new manpower special revenue sharing, but r
that the Mayor of Cedar Rapids was opposed to combining manpower
programs. It'was moved by Brandt and seconded by White that the
Mayor contact the Governor's office and communicate the interest of
the City to participate in manpower programs. Motion carried.
The Mayor advised that Iowa city has a reservation of $40,000
coming to them from the Youth Conservation Program, but that it
requires $14,000 local match. Mayor Czarnecki proclaimed the
week €.March 10th ti�u 16th as �c Wee c. He then presented
drafts of the resolutions to establish the two commissions he has
r.
suggested, Transportation and Social Services.
It was moved by White and seconded by Davidsen that the Council
commend West High School Basketball Team for an undefeated regular
season, and compliment Mr. Jake Bush for his selection as Coach of,,,,,'c .,,
the Year for the Mississippi Valley Conference. Motion carried.
0
City Manager Wells reported to the Council that the
application for Regional Crime Commission Funds for the Police
Department Rape Project has been approved which will increase
the manaower in the policy department by one, and asked that <17%
Council authorize the addition. It was moved by White and
seconded by Davidsen that said authorization be given. Motion
carried. The City Manager also reported concerning sidewalk
installation on Washington Street, with 1900 lineal feet of
walk needed between First Avenue and Westminister, the cost
would be $11,500, with $550 as the City share. It was moved
by Brandt and seconded by Davidsen that the memo regarding
the cost of the sidewalk on Washington Street be made part of
the 1974 Sidewalk Program. Motion carried, White voting 'no',
deProsse absent, 3/1.
City Attorney Hayek commented on other items on which he
had submitted written reports: West Branch Road vacation, % C
SEATS, and the Zoning Moratorium.- It was the consensus of `
the Council to ask the City Manager and City Attorney to
explore provisions of our Ordinances to regulate the bus
program on city streets.
It was moved by Brandt and seconded by White to adjourn
the meeting, 10:40 P.M. Motion carried.
Edgar Czarnecki, Mayor
Abbie Stool us, City Clerk
IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF MARCH 12, 1974
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
0
REGULAR COUNCIL MEETING
MARCH 12, 1974 7:30 P.M.
Item No. 1 - Meeting to order
Roll Call
Item No. 2 - Reading of minutes of regular Council meeting of
February 26, 1974.
Item No. 3 - Public discussion.
Item No. 4 - Approval of Bills.
Item No. 5 - Receive minutes of boards and commissions:
a. Riverfront Commission minutes of February 21, 1974.
meeting.
b. Airport Commission minutes of February 21, 1974 meeting.
C. Parks & Recreation Commission minutes of March 6, 1974
meeting.
d. Housing Commission minutes of February 20, 1974
meeting.
Item No. 6 - Issuance of permits.
Item No. 7 - Correspondence to the City Council.
a. Letter from Signi Falk, President Hawkeye Area
Chapter, Iowa Civil Liberties Union, concerning
Section 16.6.2 of the City Code.
b.Letter from Harold E. Hughes, U. S. Senator, con-
cerning S. 1541 regarding revenue sharing.
C. Letter from Robert Howard Benno, 413 E. Jefferson,
.concerning the street storage ordinance.
d. Letter from Robert Foster, Lutheran Campus Council,
concerning parking on 100 block of Church Street on
Saturday and Sunday.
I
Page 2
Work Agenda
March 12, 1974
Item No. 7 - (Continued)
e. Letter from Ernesta D. Ballard, President,
Pennsylvania Horticultural Society, concerning their
1110,000 Trees" Bicentennial project.
f. Letter from Mary Neuhauser, Riverfront Commission,
regarding a Riverfront Commission recommendation for
the objective of a Riverfront Plan.
Item No. 8 - Consider ordinance amending final Planned Area Development
plan for MacBride Addition, Part I. (S-6919) (3rd reading)
Item No. 9 - Consider ordinance adopting final PAD for MacBride
Addition, Part II. (S-7321) (3rd reading)
Item No. 10 - Consider ordinance rezoning Streb-National By -Products
from R1A to Ml. (Z-7316) (3rd reading)
Item No. 11 - Consider ordinance changing the name of MacBride Road to
MacBride Drive in MacBride Addition, Part I. (2nd reading)
Item No. 12 - Consider ordinance amending the Municipal code of the City
of Iowa City, by increasing street storage from twelve (12)
to twenty-four (24) hours. (1st reading)
Item No. 13 - Consider resolution revising the stop sign orientation at
the intersection of Capitol, Clinton and Dubuque with
Court Street so as to provide a through movement on Court.
Item No. 14 - Consider resolution approving contract and bond for
C. S. Ehinger Company for the R-14 demolition and site
clearance project, contract #3.
Item No. 15 - Consider resolution approving contract amendment for the
urban renewal demolition contract No. 3.
Item No. 16 - Consider resolution approving plans and specifications
and form of contract for two (2) 24,000 gross vehicle
weight truck chassis with dump body and hydraulic hoist
for use,by the Street Division and the Equipment Division
and setting date for receiving bids.
Item No. 17 - Consider resolution establishing a four ton load limit on
Mormon Trek from Benton Street south to the City limits
and on Rohret Road west from Mormon Trek to the City limits.
Item No. 18 - Consider resolution approving application from the Bell
Telephone Company for construction on Highway right-of-way.
page 3
Work Agenda
March 12, 1974
Item No. 19 - Consider resolution accepting work on the 1973 sidewalk
assessment program.
Item No. 20 - Consider resolution amending "Complaint, Grievance and
Appeal Procedures" for tenants in Iowa City's Leased
Housing Program.
Item No. 21 - Consider resolution accepting Old Capitol Associates
redevelopment proposal and authorizing execution of the
contract.
Item No. 22 - Report from the City Manager concerning the March 7, 1974
union election.
Item No. 23 - Report from the City Attorney concerning mandatory park
land dedications.
Item No. 24 - Public hearing on an ordinance amending Chapter 8.10 of
the Municipal Code of Iowa City.
Item No. 25 - Business from the City Council.
Item No. 26 - Report on miscellaneous items from the City Manager and
the City Attorney.
Item No. 27 - Public discussion.
Item No. 28 - Adjournment.
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AGENDA
_REGULAR COUNCIL MEETING -
MARCH 12, 1974 7:30 P.M.
Item No. 1 - MEETING TO ORDER +
ROLL CALL dQ �va—c ci.{7sti�1 1
Item No. 2 - READING OF MINUTES OF REGULAR COCIL MEETING OF
FEBRUARY �61 1974 ua I W _
f�Pcwdod. b�j fCXIC
Item No. 3 - PUBLIC DISCUSSION,
/(//C (YN P Z) w S P ;I
Item. 4 - APPROVAL OF BILLS.
Comment: Bills in the amount of $813,605.61 are submitted for
approval.
Action: 1,()-e - I / vi n A4 -f
MINUTES
IOWA CITY PARK AND RECREATION COMMISSION
MARCH 61 1974
DAVIS BUILDING CONFERENCE ROOM
MEMBERS PRESENT:
MEMBERS ABSENT:
CITY STAFF PRESENT:
RECOMMENDATIONS TO THE CITY COUNCIL:
Joan Buxton
Sarah Fox
Virginia Hebert
Orrin Marx
James Lindberg
James Roegiers
June Davis
Robin Powell
James Sangster
H. Eugene Chubb
Bill Neppl
That those areas of the West Landfill, not now being actively used
for landfill operations be made available for recreation uses, in-
cluding recreational vehicles, and that access for these uses be
developed as part of the 1974 Development Activities. It should be -
noted that the Iowa City Competition Riders, Inc,. motorcycle club,
have offered their assistance and cooperation in the development of
the area and programs. 1,D a-
! ) n
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN: �!
The Iowa City Park and Recreation Commission met in regular session
on the 6th day of March, 1974 at 7:30 P.M. in the conference room
of the Old Davis Building. Chairperson Sarah Fox presiding.
Steve Carlson, of the Iowa City Competition Riders, Inc., presented
a request for a riding area in the Iowa City area, with particular
reference to the New City Landfill for motorcycle trails. Motor-
cycles have been causing to Iowa City•"unknowing vandalism" resulting
from motorcycles and motorbikes having no facilities to ride, he
stated. Mr. Carlson offered the club's assistance in designing of
the area and educational assistance for those who use the riding
area.
-5-c- .
•page2
Work Agenda
March 12, 1974
Item No. 5 -
RECEIVE MINUTES OF BOARDS AND COMMISSIONS. A
�.
��'u
a. Riverfront Commission minutes of February 211 19741
meeting.
b. Airport Commission minutes of February 21, 1974
meeting.
C. Parks and Recreation Commission minutes of March 6,
!
1974 meeting. l l�� n- l .?. G /SCI .t_�Y/ ti - .�� c .x
d. Housing Commission minutes of February 20, 1974
meeting. -
Action:
.:
-I nf.
ti
.._ ..! I ! l' '.,
Item No. 6 -
V .♦.. t " a r, It _...
ISSUANCE OF PERMITS. �Y•� j
a. Consider resolution approving Class C Beer Permit
application for Buck's Trading Post, 2120 S. Riverside
Drive.
Action:
Item No. 7 -
CORRESPONDENCE TO THE CITY COUNCIL.
a. Letter from Signi Falk, President Hawkeye Area
Chapter, Iowa Civil Liberties Union, concerning
Section X6:6 -2 -of the City Code.
(01/6:1. 2
Action:
I ' c T I �. �c. a __ ca_ ! "
a. y ,
b. Letter from Harold E. Hughes, U. S. Senator, con-
cer''nling S.F 1541 regarding revenue sharing.
Action:
pp
l.� I �J 12 Pj et
C. Letter from Robert Howard Benno, 413 E. Jefferson,
concerning the street storage ordinance.
Q
D� I J `I
Action:
1<l1 h a-
_
d. Letter from Robert Fester, Lutheran Campus Council,
ce�.ee��►-i••ag parking on -100 block of Church Street on l• c
Saturday and Sunday.
( Jt r .! �i< i .1 c_c �, ." ,•n'a .�,�
Action •
{�/�'
Item No. 7 - (continued)
e. Letter from Ernesta D. Ballard, President,
Pennsylvania Horticultural Society, concerning their
1110,000 Trees" Bicentennial project. a
Action. w`I1cr�
f. Letter from Mary Neuhauser, Riverfront Commission,
regarding a Riverfront Commission recommendation for
the objective of a Riverfront Plan.
� .n � � ,-. � :-� � . % �� v � ti All
Action: -..,, J,I:L �...� zr-e-•-�i •-
Item No. 8 - CONSIDER ORDINANCE AMENDING FINAL PLANNED AREA DEVELOPMENT
PLAN FOR MACBRIDE ADDITION, PART I. (5-6919) (Third
reading)
J
Comment: MacBride Addition Inc. Company has submitted an amended
final Planned Area Development (PAD) plan for a portion
of MacBride Addition, Part I which provides for exchange
of park land along MacBride Road and replatting of two
lots and a portion of MacBride Road. The Planning and
Zoning Commission on December 13, 1973 recommended approval
by a 5-0 vote. This PAD is in conjunction with the
following item. Public hearing was held February 19, 1974.
Action: •
Item No. 9 - CONSIDER ORDINANCE ADOPTING FINAL PAD FOR MACBRIDE
/1V ADDITION, PART II. (5-7321) (Third reading)
Comment: MacBride Addition Inc. had submitted a Planned Area
Development Plan for 23.5 acres containing 32 lots and
104 apartment units. The Planning and Zoning Commission
on January 10, 1974 recommended approval by a 7-0 vote.
Public hearing was held February 19, 1974.
Action:'�(� alb 1r,� Uf !{r-,y�
A G
Item No. 10 - CONSIDER ORDINANCE REZONING STREB-NATIONAL BY-PRODUCTS
Z, • FROM R1A to Ml. (Z-7316) (Third reading)
Comment: Mr. Al Streb the contract purchaser of the 13.27 acre
tract from National By -Products (as pointed out in
Item No. 11 -
Comment:
Action:
CONSIDER ORDINANCE CHANGING THE NAME OF MACBRIDE ROAD TO
MACBRIDE DRIVE IN MACBRIDE ADDITION, PART I. (Second
reading)
Continuous streets which run in different directions are
named "drives" according to the City's street naming
system. Since MacBride Road, a north -south street, is
now designed to curve concave northwesterly and extend
east -west, the Planning and Zoning Commission recommended
approval of the change by a 5-0 vote.
Item No. 12 CONSIDER ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY
OF IOWA CITY, BY INCREASING STREET STORAGE FROM TWELVE (12)
TO TWENTY-FOUR (24) HOURS. (First Reading)
Comment: This ordinance would amend Section 6.16.9 of the Municipal
Code of Iowa City by increasing street storage from twelve
to twenty-four hours(.
Action: LJtr J<<. CIA 1_,t, (0c -I j
LC' V0. ✓L.j-O — �Yc %�jTT6 13A
page 4
Work Agenda
•
March 12, 1974
Item No. 10 -
(Continued)
Mr. Downer's letter of January 17, 1974 there is no
option to purchase) has requested a rezoning from R1A
to Ml. The ownership of the property should have no
bearing on the land use considerations as related to
rezoning. The Riverfront Commission upon referral from
the Planning and Zoning Commission recommended at the
December 20, 1973 meeting that "P&Z Commission recommend
disapproval of all requests to rezone tracts fronting on
the Iowa River until July 1, 1974, pending completion of
a Riverfront Plan~by a 4-0 vote. The Planning and Zoning
Commission recommended approval by a 4-3 vote on
January 10, 1974. Public hearing was held February 19,
1974.
Action:
�cse Q.
Item No. 11 -
Comment:
Action:
CONSIDER ORDINANCE CHANGING THE NAME OF MACBRIDE ROAD TO
MACBRIDE DRIVE IN MACBRIDE ADDITION, PART I. (Second
reading)
Continuous streets which run in different directions are
named "drives" according to the City's street naming
system. Since MacBride Road, a north -south street, is
now designed to curve concave northwesterly and extend
east -west, the Planning and Zoning Commission recommended
approval of the change by a 5-0 vote.
Item No. 12 CONSIDER ORDINANCE AMENDING THE MUNICIPAL CODE OF THE CITY
OF IOWA CITY, BY INCREASING STREET STORAGE FROM TWELVE (12)
TO TWENTY-FOUR (24) HOURS. (First Reading)
Comment: This ordinance would amend Section 6.16.9 of the Municipal
Code of Iowa City by increasing street storage from twelve
to twenty-four hours(.
Action: LJtr J<<. CIA 1_,t, (0c -I j
LC' V0. ✓L.j-O — �Yc %�jTT6 13A
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page 5 c...
Work Agenda f ^e
•
Ma,
rch 12, 1974
_ Item No. 13 - CONSIDER RESOLUTION OFVCAPITOLr CLINTONSIGN
ANDODUBUQUEIOWITH
AT THE INTERSECTION
COURT STREET SO AS TO PROVIDE A THROUGH MOVEMENT ON
COURT STREET. tret it is r-
Comment: During the construction of Bsrlingtonat theaboveeintersections be
commended that the stop
reoriented so as to stop north and south bound traffic
on Capitol, Clinton and Dubuque Streets beforeoenterig
Court. It is anticipated that this stop g
ientation
will revert back to the existing orientation after the con-
on Burlington Street.
struction is -complete ,e,�
Dr r �- i'
Action:
Item No. 14 - CONS. RESOLUTION
FOR
APPROVING
THE R-14 DEMOLITIONNNANDOSITE
_C C. A E
CLEARANCE PROJECT, CONTRACT #3•
Comment: This resolution approves the Mayor's signature on the
contract and bond for award of this contract. The award
of this contract was made at the City Council meeting on
�(�
1973, as Item `No.,�B.•
December 11, -
/LlRte^^?.1<• c/1D.f.,
Action: U
Item No. 15 - CONSIDER RESOLUTION APPROVING CONTRACT AMENDMENT FOR THE
_ URBAN RENEWAL DEMOLITION CONTRACT NO. 3.
an4-2 to this84Order would add Parcels Thelinclus
Comment: This Work ion of these
contract at a cost of $4,780.00.
parcels in the contract at this time will result in a
considerable cost saving • t• �� /<<-
�yN 4.44 � r-- lc"• ..
l
Action:
`R � �, ,...
page 6
Work Agenda
• March 12, 1974
Item No. 16 -
CONSIDER RESOLUTION APPROVING PLANS AND SPECIFICATIONS
AND FORM OF CONTRACT FOR TWO (2) 24,000 GROSS VEHICLE
!/ n
WEIGHT TRUCK CHASSIS WITH DUMP BODY AND HYDRALUIC HOIST
FOR USE BY THE STREET DIVISION AND THE EQUIPMENT DIVISION
AND SETTING DATE FOR RECEIVING BIDS.
Comment:
This resolution approves the plans and specifications and
sets the date for receiving bids for two (2) 24,000
gross vehicle weight truck chassis with dump body and
hydraulic hoist for use by the Street Division and the
Equipment Division of the Department of Public Works.
The date for receiving bids will be Thursday, April 18,
1974, at 10:00 a.m. This equipment will replace two
existing vans which were purchased in 1969. Funds were
provided in the 1974 budget in the amount of $13,100 for
the purchase of these two trucks.
r
Action:
Item No. 17 -
CONSIDER RESOLUTION ESTABLISHING A FOUR TON LOAD LIMIT ON
MORMON TREK FROM BENTON STREET SOUTH TO THE CITY LIMITS
AND ON ROHRET ROAD WEST FROM MORMON TREK TO THE CITY LIMITS.
Comment:
In conjunction with the County Engineer's Office it is
recommended that a four ton embargo be placed on Mormon
Trek from Venton Street south to the city limits and on
Rohret Road from Mormon Trek west to the city limits.
School buses should be exempted from this four ton embargo.
The purpose of this embargo is to protect the road surface
from further damage during the spring thaw. It is
recommended that this embargo be placed onthe roadway for
a period of 45 days.
JcAction:
r
Item No. 18
CONSIDER RSP APPROVING APPLICATION FROM THE BELL
TELEPHONE COMPANY FOR CONSTRUCTION ON HIGHWAY RIGHT-OF-WAY.
C mment:
The Bell Telephone Company has submitted an application
for construction on the highway right-of-way within the
city limits of Iowa City. The application is to the Iowa
State Highway Commission, but before the Highway Commission
•
will approve the application the City must also give its
Item No. 19
/ q —/o
Comment:
Action:
- CONSIDER RESOLUTION ACCEPTING WORK ON THE 1973 SIDEWALK
ASSESSMENT PROGRAM.
Item No. 20 -
Comment:
Action:
This resolution accepts the work done by Wolf Construc-
tion, Inc. of Iowa City, Iowa, for this project. The
final contract amount of this project is $46,018.33, and
the contractor has completed all of the work in substantial
accordance with the plans and specifications or has
deposited an amount in escrow to cover work which is to
be done in the spring.
�\ r
`_,1 p..t}J cel-..-�.. •� c
'7 J t x-1.4 n_ C _/G. Ul v
CONSIDER RESOLUTION AMENDING "COMPLAINT, GRIEVANCE AND
APPEAL PROCEDURES" FOR TENANTS IN IOWA CITY'S LEASED
HOUSING PROGRAM.
The Housing Commission on February 6, 1974 recommenaea
approval by a 4-0 vote of the "Complaint,
Grievance, and Appeal Procedures." These amendments
were made at the request of the HUD area office and have
been reviewed by the City legal staff. After Council
approval, the procedures are sent to the HUD area office
for HUD approval prior to implementation.
r r
UTION
NG OLD
OL
Item No. 21 CONSIDER REDEVELOPMENT LPROPOSAL CAND IAUTHORIZING TEXECUTION AOFSTHE
l
Oz�3�v�Lv�vn\��i CONTRACT.
• Comment: This resolution would authorize the execution of the urban
een the City of Iowa City
renewal redevelopment contract betw
and Old Capitol Associates subject to approval by HUD,
•
page 7
Work Agenda
•
March 12, 1974
Item No. 18 -
(Continued)
approval. The
work
that the
Bell
Telephone Company
cable on
wishes to do
is the
construction
of underground
and on North Governor
North Dodge
Street
north of
�'
frown
l
` ' ?
Street north
of Brown.
H t _
` i i ^ ^ :, n
Q
1 k
-Al
��4J
Action. /
Cl
Item No. 19
/ q —/o
Comment:
Action:
- CONSIDER RESOLUTION ACCEPTING WORK ON THE 1973 SIDEWALK
ASSESSMENT PROGRAM.
Item No. 20 -
Comment:
Action:
This resolution accepts the work done by Wolf Construc-
tion, Inc. of Iowa City, Iowa, for this project. The
final contract amount of this project is $46,018.33, and
the contractor has completed all of the work in substantial
accordance with the plans and specifications or has
deposited an amount in escrow to cover work which is to
be done in the spring.
�\ r
`_,1 p..t}J cel-..-�.. •� c
'7 J t x-1.4 n_ C _/G. Ul v
CONSIDER RESOLUTION AMENDING "COMPLAINT, GRIEVANCE AND
APPEAL PROCEDURES" FOR TENANTS IN IOWA CITY'S LEASED
HOUSING PROGRAM.
The Housing Commission on February 6, 1974 recommenaea
approval by a 4-0 vote of the "Complaint,
Grievance, and Appeal Procedures." These amendments
were made at the request of the HUD area office and have
been reviewed by the City legal staff. After Council
approval, the procedures are sent to the HUD area office
for HUD approval prior to implementation.
r r
UTION
NG OLD
OL
Item No. 21 CONSIDER REDEVELOPMENT LPROPOSAL CAND IAUTHORIZING TEXECUTION AOFSTHE
l
Oz�3�v�Lv�vn\��i CONTRACT.
• Comment: This resolution would authorize the execution of the urban
een the City of Iowa City
renewal redevelopment contract betw
and Old Capitol Associates subject to approval by HUD,
Item No. 21 - (Continued)
the outcome_of the March 28, 1974 referendum, and
pending litigation.
Action:
Item No. 22 - REPORT FROM THE CITY MANAGER CONCERNING THE MARCH 7' 1974
UNION ELECTION.a�
/ / J , fry i .,� ,moi ♦ !• � l r• '( i i, , t t `l � HP
1 MANDATORY
Item No. 23 - REPORT FROM THE CITY ATTORNEY CONCERNING MAN
PARK LAND DEDICATIONS .
tw
Item No. 24 - PUBLIC HEARING ON AN OIOWAACITYpENDING CHAPTER 8.10 OF
THE MUNICIPAL CODE OF
Comment: The proposed amendment to the text Of he Zoinnthe CB
ng
Ordinance is to change the uses permitted
zoning district and to enumerate the uses allowed in
the proposed Central Business service (CBS) zoning
onOctober 11,
district. Approved by Planning and Zoning
1973. r Z.i.:
Action:v
� " l•
- U v J•re-App. J 1
777
'41
V),
If 15,
L,4
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Item No. 25 - BUSINESS FROM THE CITY COUNCIL.
•
Item No. 26 - REEORT ONATTORNEY. ITEMS FROM THE CITY MANAGER AND
Item No. 27 - PUBLIC DISCUSSION.
Item No. 28 - ADJOURNMENT.
----------- ---- -
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.. -.fir. .. - •�_..-
IL MEETING
aconded by Brandt to approve
nee.ting of February 13,1974
ped.
)nded.by Davidsen that the
in Commission, 1/17/74;
X74' CATV Committee, 1/21/74;
and 2/4/74; Housing Com-
.ommission, 2/14/74. and
emission, 1/16/74 be re
Mayor Czarnecki announced
Licy, they. would take up
)mmendaiions: Parks and
nendations`on the second
previous position to con-
:er.Park, as its number
1974•- the City Manager
with al.contract_by Spring;
:onsultant`for the purpose
. and if
that planning
i,.Mesquakie-and Sturgis
it --delay - the Mayor noted
to be involved in the
T, to have _an official,
Lanning process - the City
%ting that the involvement of
;election ofconsultant and
ible with his plan; #4 to
:o: -property fronting on the
2iverfront Plan - had been
•Commission; #5 that the
:thr%ee alternatives in the
FAN
Page 2_
•
It was2
lettere-from"
enforcement_
received an
back. Mot',
majority of
and that it
it.
the pubh
A
►at 's'idewalk's
Council Minutes`
February. 28,._1974
t a,special meeting on
lncil - Mr. Kraft advised
',there.
Lon of a recommendation
to change the name of
KacBride Addition, Part I.
mmended;approval of the
ti ned the changDa.Tid ter
and seconded by Motion
en
ng, -the change.
ionded by Davidsen that the
;lark Street, concerning
inces-controlling dogs be
theCity Manager for report great
White observed -that a
Wt abide=by the ordinance,
tile..for the City to enforce
corded by deProsse that the
:Mark Four;Apts., concerning
afety of blind pedestrians
t_to the City. Manager and
tarried.' City Attorney Hayek
L='action in clearing up legal
^onded by Brandt that the
Iowa -Illinois Gas and Electric
nterim gas and electric rates
ed`"and -filed and referred to
,econded by Davidsen that the
iloyees,requesting a cost-of-
ncreased-medical benefits
received and -filed and made
�iith Library Board. Motion
ied.the`difficulty in moving
benefits backward.
seconded by.deProsse that the
Illinois Gas -& Electric Company,
s'comment s regarding the pro
d=_and filed and made part of
.n carried.
e
:n • and
Lm,
ceve�
the - .�
Council Minutes
Feb -ruary 26,''197'4
mded_by_:,deProsse that the
*ant Street, concerning
le of Iowa City (street
filed. and recommendation
to; the City Attorney for
.."to 'Councilman Brandt's
trice, Attorney Hayek noted
•onded by White that the
ice -ming regional meetings
:ogram be received and a'
)tion carried. The Mayor noted
o'advise.=;the City Manager.
seconded by Brandt that the
)r,' ;City; of,, Davenport, con-
and filed and referred to
)uncil. Motion carried
•onded by;Davidsen that the
y of Philadelphia concerning
in with the nation's bicen-
fled`and referred to the
February 26, 1974 h "
onded by White that the
ading of -the Ordinance
Tient Plan for MacBride
only. Upon= roll call
.zarnecki'voted 'aye'.
ven by.`title only:
Tided by Brandt that the
id'in4:of the Ordinance
Hent for MacBride Addition
?n'roll call White, Brandt,
!,aye'. Motion carried
Ly . -
3,nded ,by White that the
ding'of, the Ordinance
From'RlA to Ml be given
it, Czarnecki, Davidsen,
10 ::01 Motion carried and
b.conded by Davidsen to
?,,'Signatures of the Mayor
!nt'Agreement Between the
L:Employment Opportunity
iges in Council's copies.
deProsse,;White voted
irried 4/l. Mayor. Czarnecki
Swing: '1) advertizing policy
lob classifications, review
..CX -. statement and issuance`
rnded -.by White to adopt
Specifications, Form of
ib_ic.Yard Capacity Street
Setting Date for .Receiving
a7 Davidsen,;deProsse,
Motion"carried.
ded by deProsse to adopt
55 Horsepower Industrial
ceder and Backhoe to Capitol
9;`:998.00 for the Water
z
White, Brandt, Davidsen,
d.'
'.Council Minutes
February, 26 1974,
t Davidsen_and`seconded'by deProsse to adopt
�tng the Work, on the Ralston Creek Culvert
and Fifth Avenue done by F & S Construction
roll call Wliite,,.;Brandt. Czarnecki, Davidsen,
. ;Motion 'carried.
inced discussion of. excess land held by the
^ommisson. Dennis Kraft, Director, Depart -
3 lopmerit, outlined the four parcels
:)r"alvihle and'?_three others, south of I-80
City Manager.Wells recommended that the
be:::notified 'ffi i the City is not -'interested
Itwas moved byBrandt and seconded by
Mar ager,'not fy ,the Highway Commission as
n. carried.
ie`StoIfus reported that petitions had been
he election on the;°.sale of $6,000,000 bonds
umber of"signatures of qualified electors.
.:and secondedby.Wh te:to adopt the Reso-
he::Issuance'of_Urban.Renewal Bonds, calling
March_28,
19.74`issuance ,of general
newal bonds riot: to ,exceed $6,000,000 for the
g ;funds 'to pay apart of the cost of aiding
dertaking and. carrying out of an urban
pon`:"roll:`:call` Brandt, Czarnecki, Davidsen,
ed;!aye': Motion carried.' Mayor Czarnecki
Council:had -reaffirmed:its=intent to continue
tth-e project,`.and;that the contract with the
signed,prior=to .the election, contingent
the:�election,and.'approvalof HUD. City
reported meeting _ with "U.S. District Court
not possible for hearing
dbefore' March 28th and, 2) a whole hearing
ri1=.>19.7.4 He stated that the status
changed`.
=ced informal discussion of the proposed
'hose appearing were
Iowa -Illinois Gas & Electric
Les"Roegers and C.`H. Golliher, Council
inois experience with<Davenport's ordinance,
�tedon page .6_of memo,'noise from transformers
lr. 'Galliher requested `that recommendations
ties only, a variance be allowed for existing
the City deal with complaints on an indi-
Jacobsen12o4 E.;Washington appeared con -
,arid
and ordinance' -enforcement in Boulder,
employe
minutes
the. rep
Czarnec
call
minded the Coif:
would appoint -
mission;.:iBoard
Projec`t=Green
Council ,Minutes
t" x
February -26, -1974
persons requesting consider -
storage, 2) Library Board.
commented , c
had been reported that the
ation.conce
p`ay:raises for their
City Man_agE
the Council, but their
Library ',Boz
stated he would have
employe
minutes
the. rep
Czarnec
call
minded the Coif:
would appoint -
mission;.:iBoard
Projec`t=Green
g.J
epartment of Transportation
tioned`what, if any, position
--the three non -returnable
It was moved by Czarnecki
ouncil inform Natural Resources
terested-in reporting out
th'e Legislature this session.
eked if there was any way to
ehue. City Manager Wells
eek:. Mayor Czarnecki re
'informal'>discussion, they
cies on the Airport Com -
Board of Adjustment and
se commented that previously
names had been submitted without the person's knowledge or
consent to serve He explained that the Council discussed the
Bus ::System at :'today's informal meeting '.including 1) future
acquisit"ions -2) Capitol :Grant to..the, Department' of Transportation:
He said that>further discussion wou1d,be on the agenda next week.
Mayor Czarnecki f'adVised that the.j uman- Relations Commission
had asked for`a'meeting_with Cot i-
nc 'to discuss Affirmative Action.
He noted -.;that after discussion', Council requested that the City
Manager advrs_e.the Commission to 'set a_ -date after the annual
meeting with Boards and;Commissions. City
`Manager Wells reminded
the: Council of.the'meeting_.'at 11r30.A M. with the University
Representativesory ednesda ., February.,27th'and a meeting to
discuss"urban-=renewal contract,nego'tiations on Friday, March lst,
as the City Attorney has a draft ;:contract ready.,_ The Mayor
requested a.possible date :for discussion of the Capitol -Improve
ments Program ;for `input -,from' Boards `and Commissions. The City
Manager responded; April l,:;and'noted;that Department Heads
would be soliciting.:input`-from"Boards zAnd Commissions.
Council ,Minutes
February -26, -1974
persons requesting consider -
storage, 2) Library Board.
had been reported that the
p`ay:raises for their
the Council, but their
stated he would have
next fleeting.- -Mayor
ng'Items of February and if
contact the .City Manager
l-meeting.Councilman White
ason meetin saturda at
g.J
epartment of Transportation
tioned`what, if any, position
--the three non -returnable
It was moved by Czarnecki
ouncil inform Natural Resources
terested-in reporting out
th'e Legislature this session.
eked if there was any way to
ehue. City Manager Wells
eek:. Mayor Czarnecki re
'informal'>discussion, they
cies on the Airport Com -
Board of Adjustment and
se commented that previously
names had been submitted without the person's knowledge or
consent to serve He explained that the Council discussed the
Bus ::System at :'today's informal meeting '.including 1) future
acquisit"ions -2) Capitol :Grant to..the, Department' of Transportation:
He said that>further discussion wou1d,be on the agenda next week.
Mayor Czarnecki f'adVised that the.j uman- Relations Commission
had asked for`a'meeting_with Cot i-
nc 'to discuss Affirmative Action.
He noted -.;that after discussion', Council requested that the City
Manager advrs_e.the Commission to 'set a_ -date after the annual
meeting with Boards and;Commissions. City
`Manager Wells reminded
the: Council of.the'meeting_.'at 11r30.A M. with the University
Representativesory ednesda ., February.,27th'and a meeting to
discuss"urban-=renewal contract,nego'tiations on Friday, March lst,
as the City Attorney has a draft ;:contract ready.,_ The Mayor
requested a.possible date :for discussion of the Capitol -Improve
ments Program ;for `input -,from' Boards `and Commissions. The City
Manager responded; April l,:;and'noted;that Department Heads
would be soliciting.:input`-from"Boards zAnd Commissions.
•._`
Pae 8 h
g u w Council'Minutes
_ February..26,1974
City Manager,-*.-Wellspresented. „the resolution approving
the Final Plat for Court Hill Scott Blvd. Part II, as approved
by Planning andZoning It ;was moved`by Brandt and'seconded
by-W ite to, adopt;`:;the'Resolution :-?Upon roll call deProsse;
-
White,•Brandt,7Czarnecki,jDavidsen voted 'aye'. Motion carried.
He also;presented,-the'Resolilt ion.Dedicating-a Walkway. It
was moved by Brandt and secondedtSy-deProsse to adopt the
Resolution-..Dedicating-.a Walkway.in Court Hill-Scott Blvd.-, Part II.
Upon roll call Whte,rBrandt, Davidsen, Czarnecki, deProsse
voted 'aye'..; Motion carried.: The;City Manager explained the
previously discussed agreement.with_Welton-Beckett & Assoc.
'
for Urban=Renewal;=design, :with changes as recommended by Council
and asked its,a pproval:='.It was moved .by Brandt and seconded
:�
by Davidsen to;approve. =the agreement: Motion' carried, deProsse
votin g >;no ,4/1. Robert Welsh appeared.'concerning an addition.
The City =Manager then:reque§ted :yauthorization to proceed with
Phase II, caking ahe:architect'in for joint meeting with the
Design,Review Comcal'ttee and:; tar:ting-;the minor amendments to
the .City facilities. It Vas:moved ,by`Brandt and seconded by
Davidsen that the ';City' Manager be:instructed to proceed.
Motion carried, deProsse :vo_ting !;no' ,, 4/1.
The City Attorney advised that .he was still investigating
concerning •ownership o-f"t" ower West•Branch Road and concerning
employee appeal toYthe.Civk
Service Commission. The City
_
Manager, °requested--a month's _delay in_"`starting.the sidewalk
pro] t: 1974.'_ Rev: Welsh :called attention to two bills in
the State Legislature' i.--to create Housing-Authority for the
state,.;2) to'establiah;CATV'`Commssion. It was moved by Brandt
and second ed"by-Davidsen that Rev.. Welsh's`. recommendation be
referred to the'Council Legislative Committee. Motion carried.
It was moved°by Brandt 'and seconded by deProsse to
adjourn the meeting at-`9 35.;P:M. '-Motion carried.
y
Y,
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vr.T..`.'.(
.4i-.s x?)-Ciiitl>.+1 t1 1fV'.lY t`i}.-r,i•aSJr
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.. l e'•yJ
MINUTES
IOWA CITY RIVERFRONT COMMISSION
FEBRUARY 21, 1974
COMMUNITY DEVELOPMENT CONFERENCE ROOM
MEMBERS PRESENT:
MEMBERS ABSENT:
STAFF PRESENT:
Mary Neuhauser
Barbara Nicknish
Patt Cain
Bill Hines
Jim Lindberg
Caroline Bassett
Earle Murphy
Don Schmeiser
Tony Osborne
Bill Neppl
RECOMMENDATIONS TO THE CITY COUNCIL:
1. In considering the charge of the consultant to be hired for
the development of a Riverfront Plan, the Iowa City River -
front Commission recommends that the consultant be instructed
that as a first priority, consideration be given to preserva-
tion and improvement of the Iowa River Corridor as an open
space and green area.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
Chairperson Neuhauser called the meeting to order. By unanimous
ballot Mary Neuhauser was re-elected chairperson of the Riverfront
Commission. Barbara Nicknish was elected vice -chairperson by
unanimous ballot. Minutes of the January 17, 1974 meeting were
approved.
Mrs. Neuhauser reported that warning signs had been put up on the
river, but as of yet no cables had been strung across the river.
It was also reported that the second sentence of recommendation
No. l to the City Council in the Janaury 17, 1974 Commission
minutes was deleted on advice of the City Attorney's office.
A possible change in Commission meeting time was discussed but it
was decided to keep the present meeting time. However, the
March 21, 1974 meeting time will be changed to 7:30 p.m. and held
in the Urban Renewal Conference Room to accommodate the citizen's
meeting which will follow the regular meeting at 8:00 P.M.
Mrs. Neuhauser announced that the Soil Conservation Commission
was holding an informational meeting on the Soil Study for
Johnson County. This meeting was scheduled for February 21, 1974
at 7:30 P.M.
A report concerning the Riverfront Commission By -Laws was deferred
until the March 21, 1974 meeting.
Bill Hines reported that the Environmental Law Committee was
presently working on legal implementation techniques concerning
the River Corridor Plan. These techniques include procedures
dealing with eminent domain, easements, zoning and other matters
pertinent to the plan.
Chairperson Neuhauser reported that the recommendation and Com-
mission minutes of January 17, 1974 sent to the City Council had
been made part of the public hearing on the rezoning request by
Streb-National By -Products. A question was raised whether the
City Council would act on the Commission's recommendation to defer
action on all requests to change the zoning classification of any
parcel of land now fronting on the Iowa River until after July 1,
1974, pending completion of a Riverfront Plan. The matter was
discussed in terms of whether action would occur before or after
a decision was made of the Streb rezoning classification request.
Discussion followed concerning the plan for the southern portion
of the Iowa River from Highway #218 to the Burlington Street
Bridge. Bill Hines introduced and Patt Cain seconded a motion
asking that in light of the decision to employ a planning consultant
to prepare a Riverfront plan, the Planning and zoning Commission
support the Riverfront Commission's request to the City Council to
declare a moratorium on rezoning of parcels of land fronting on
the Iowa River until completion of the plan or one (1) year, which-
ever comes first. The motion passed 5-0.
Mrs. Neuhauser reported that in conversation with the City Manager
it had been indicated to her that the Riverfront Commission could
have representation during the process of hiring a consultant. In
considering the charge of the consultant to be hired for the
development of a Riverfront Plan, the Riverfront Commission re-
commends to the Council that the consultant be instructed that as
a first priority consideration be given to preservation and improve-
ment of the Iowa River Corridor as an open space and green area.
Tentative objectives adoptedbythe Commission in reaching the goal
of.open space and green area along the Iowa River Corridor are the
following:
1. Corresponding control of land use along the River
Corridor green belt in order to provide for overall
land use compatibility.
2. Increase to the fullest extent possible, access to
both banks along the river corridor.
3. Provide links to park and recreation areas adjacent
to the Iowa River through the use of bikeways, trails
and other compatible means of transportation.
The meeting was adjourned at 6:35 p.m.-
MINUTES
IOWA CITY AIRPORT COMMISSION
FEBRUARY 21, 1974
CIVIC CENTER ENGINEERING CONFERENCE ROOM
MEMBERS PRESENT:
MEMBERS ABSENT:
OTHERS PRESENT:
0
Elliott Full
Jack Perkins
- Claude Peterson
W. R. Summerwill
David Iiartwig
E. K. Jones
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
Chairman Full called the meeting to order at 7:30 p.m.
y3�
Mr. Jones read the minutes of the January meeting. Summerwill
moved, Perkins seconded the motion that the minutes be approved
as read. Motion carried.
Jones presented the bills for the month of February. Peterson
moved, Perkins seconded the motion that the bills be paid as
presented. Motion carried.
Jones presented letters from Attorney William Meardon and
Powers -Willis & Associates. General discussion followed.
There being no other business, the meeting was adjourned at
8:15 p.m.
The next meeting will be March 21, 1974, Civic Center, at 7:30 p.m.
•
MEMBERS ABSENT: June Davis
Robin Powell
James Sangster
CITY STAFF PRESENT: H. Eugene Chubb
Bill Neppl
RECOMMENDATIONS TO THE CITY COUNCIL:
That those areas of the West Landfill, not now being actively used
for landfill operations be made available for recreation uses, in-
cluding recreational vehicles, and that access for these uses be
developed as part of the 1974 Development Activities. It should be
noted that the Iowa City Competition Riders, Inc,. motorcycle club,
have offered their assistance and cooperation in the development of
the area and programs.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
The Iowa City Park and Recreation Commission met in regular session
on the 6th day of March, 1974 at 7:30 P.M. in the conference room
of the Old Davis Building. Chairperson Sarah Fox presiding.
Steve Carlson, of the Iowa City Competition Riders, Inc., presented
a request for a riding area in the Iowa City area, with particular
reference to the New City Landfill for motorcycle trails. Motor-
cycles have been causing to Iowa City -"unknowing vandalism" resulting
from motorcycles and motorbikes having no facilities to ride, he
stated. Mr. Carlson offered the club's assistance in designing of
the area and educational assistance for those who use the riding
area.
• -
�
x{39 .-
�,
MINUTES
IOWA CITY PARK
AND RECREATION COMMISSION
MARCH 6, 1974
DAVIS BUILDING
CONFERENCE ROOM
MEMBERS PRESENT:
Joan Buxton
Sarah Fox
Virginia Hebert
Orrin Marx
James Lindberg
James Roegiers
MEMBERS ABSENT: June Davis
Robin Powell
James Sangster
CITY STAFF PRESENT: H. Eugene Chubb
Bill Neppl
RECOMMENDATIONS TO THE CITY COUNCIL:
That those areas of the West Landfill, not now being actively used
for landfill operations be made available for recreation uses, in-
cluding recreational vehicles, and that access for these uses be
developed as part of the 1974 Development Activities. It should be
noted that the Iowa City Competition Riders, Inc,. motorcycle club,
have offered their assistance and cooperation in the development of
the area and programs.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
The Iowa City Park and Recreation Commission met in regular session
on the 6th day of March, 1974 at 7:30 P.M. in the conference room
of the Old Davis Building. Chairperson Sarah Fox presiding.
Steve Carlson, of the Iowa City Competition Riders, Inc., presented
a request for a riding area in the Iowa City area, with particular
reference to the New City Landfill for motorcycle trails. Motor-
cycles have been causing to Iowa City -"unknowing vandalism" resulting
from motorcycles and motorbikes having no facilities to ride, he
stated. Mr. Carlson offered the club's assistance in designing of
the area and educational assistance for those who use the riding
area.
• Page 2
Park and Recreation Commission Minutes
March 6, 1974
1•
Following duscussion, Jim Roegiers moved and Virginia Hebert seconded
that the Park and Recreation Commission recommend to Council that
those areas of the West Landfill, not now being actively used for
landfill operations be made available for recreation uses, including
recreational vehicles, and that access for these uses be developed
as part of the 1974 Development Activities. It should be noted
that the Iowa City Competition Riders, Inc., motorcycle club, have
offered their assistance and cooperation in the development of the
area and programs. Motion unanimously carried.
Jim Roegiers reminded Commission that The Iowa City Competition Riders
were represented at last years May 9, 1973 Park and Recreation Com-
mission Meeting requesting a motorcycle riding area. Mr. Roegiers
requested that the motion concerning motorcycles of that meeting be
included in the minutes of the March 6, 1974 meeting. The motion
read as follows:
Following discussion, Jim Lindberg moved, seconded by
Dr. Robin Powell to recommend to the City Council the
establishment of motorized recreational vehicle tracks
located in Mesquakie Park, available only to licensed
vehicle users and other•authoiized persons and that
the rules of operation and location be worked out by
the Director of Parks and Recreation in accordance to
his memo of May 8, 1973 and subject to the approval of
the Commission. Motion carried by unanimous vote.
Joan Buxton moved and Orrin Marx seconddd that the minutes of the
February 27, 1974 meeting be approved as written.
Chairperson Fox reviewed City Council action for Commission members
and reported as follows:
- The Hollywood Manor Park Study has been referred to the
City Manager for further action.
- The Mercer Park Tennis Courts would be out for bids in Spring.
- The City Council did not want the Commission to be involved
in the selection of a consultant for the Ralston Creeek Project.
- The feasability of a North East Park Study was sent to Staff.
- The City Manager will be employing, on a part time basis, a
student to study bikeways.
Chairperson Fox and Jim Linberg attended a meeting of Planning atld
Zoning and reported that P&Z endorsed"the.ides of a Park in the
Hollywood Manor Area but not suggesting they knout what priority it
stood in the City.
A lengthy discussion was held reviewing the past 1973-77 C.I.P.
Budget Summary and presenting new proposals to be added to the
new 1974 C.I.P.
A Special Meeting was called for March 20, 1974 by Chairperson
Fox at 7:30 P.M. in the Davis Building Conference Room.
Jim Roegiers moved and Jim Lindberg seconded that the meeting be ad-
journed there being no further busiftess.
Respectfully submitted,
Catharine W. Eisenhofer
Secretary
■
•
PRESENTATION TO THE
IOWA CITY PARKS & RECREATION
COMMISSION -
CONCERNING
PUBLIC USE OF CITY LAND
FOR
RECREATIONAL MOTORCYCLE RIDING
Introduction
Our spot on your agenda for March 6 is gratefully appreciated
by the Iowa City Competition Riders, Inc. Our organization is
a charter motorcycle club of the American Motorcycle Association.
Our group, with a present total of 22 members includes people from
various levels of the community and has been in existence for three
years.
Suggested Rationale for
Development of Motorcycle Trails
in Johnson County
Problem
At least one-half of the motorcycles sold in Johnson County
are licensed "enduro" type machines. They are street legal and
are used a good deal of the time for straight transportation. In
addition to these machines, an ever growing number of "mini bikes"
are being purchased for non -licensed riders.
All these machines are also equipped for use on rough terrain;
however, there are no public riding areas currently being offered
in Iowa City.
Reasonable Solution
Development of a public riding area in Iowa City.
Who would benefit from such an area?
The Parks and Recreation Commission:
1) A cycle area would provide the Commission the
opportunity to expand its efforts to better
serve the "total" community.
2) A cycle area would greatly retard costly "unknown"
vandalism and disruption to city park area, and
® school grounds.
1
E
The Iowa City Community:
1) A cycle area could greatly decrease the unlawful
use of mini bikes by non -licensed youth who now
use alleys, vacant lots, and the shoulders of
public roads.
2) Provide an area for safe riding habits to develop.
3) A designated area would create an environment and
educational experience for the respectful use of
off-road riding areas everywhere in the community,
if for no other reason than by its careful selection
and continuing responsible management.
What could Iowa City Competition Riders, Inc. do to assist
in developing such an area?
1) Design assistance
a) Land choice guidance
b) Course routing
c) Course marking
2) Educational assistance.
a) Publication of a "Trail Usage Handbook;*
b) Occasional trail riding clinics on safety
and techniques.
TEXT & PHOTOS 8Y RON SCHNEIDERS
J «reyr` :>:� 'u �c:, .l >�' .S •.. ( � ° .3 f - Ryr'�`s3 y.�i !�S'
- � ^r' •". ` ria ?^4 +.'Sv�.s> '• v. �
--
F
�R
� .".
Ibis makeihi l bridge isn't WIfIfiacrory for a horse mail, but Wx fine for cy11c-
The most impQr;ant junction ajr ., brdgr is to prrvenf tiut stream oink from
b. -raking down and silring the stn -am
n if there is anything of ss'hich tnot(•rcvclisu arc well aware, it is the
reality of land cltxurc and r'r ilei' c !n•alatinn. When he gtxa nut
riding, he is assailed by -N,)-1re..p--N VT ' si! n;, sheriffs and hetoop-
lcrs, gates and bars• fences and doses His favorite newspaper and
magazinz were full of d,-, propliv.Cy ilio yexrt ago end life nrTss
documenting the disaster \l`ilet a :Ycl'KT finally gets W.Artd enough
to want to do sorricthing, he is usually ;old to write Ic-ters, attend
meetings, work to !Ir -t sympathetic r.!,iictans and scud money to
organizations that hopefull. -A Ili Ilght dic good fight for motor-
cycle parks on th- door of some c..pit,:! somcv,hero.
Off-road nding aS it slvsrt IN e hi: lik- a bq.. shafg;: elephant lvt!
one is out it,, kill it, but their :,r,- and ,[nuns of people doing
ii harm. Qac person wants a tit n1 hair, anis;hcr a sm*11 chunk of
is gry. The e!e-phaw is s+.sn&:i , on someone's cnrttatls, s t the), at-
iack that fact with c hatche. 'Ihe--:eph.tr.t stomps and suisttes his
tz':l and lashes otr. uith h_s :n:i,t , but .;xncr or later. enough hale
peopie Rith parng knives an,i ltatchcts wiR tt:rt nnc vM large cla-
phant into s smalier p:!c of cicphant hamburger turd yet a smaller
pile of fertilizer and finaliy mo s dim -Lnd fading memory of an
elephant. And nobody (believe them when th,:y say :() rer.Uy wanted
to kill the crceturc in tic first place
The tail -swishing and ftu�t-s.inmping must cnntinuc, obviously, but
beyond that we must build a fcnx round the zirphani. The off -mad
ivi=RG1`OU N G .
,,v-.C�a .•ra
toy
a� 1 7tt ,—.*f.W O.QrO uwm
S tette 6r, A& &role!
Rxholog-v-7 siva is ,supposed ;o persuade mororcyclisui to follow he rule book.
9fatorcycles can pass throw,t4 the pusa at the right side of the gate' four-
wherlr-d xhicles can't and are so excluded
tzJ
.,y.,,�.-'•.. ice.-,�. _ „n•� -'� ....._
This trail is one in u ner..ork of sewml hundred miler of marked tr�ailt.
southwest of Dee-er in the Sprucrwax/ area. A lot nr .%irk went into the
creation of the network -..but it wo-i wrath IL
motorcyclist is an endangered species and just as the wilderness
freak is busily establishing sanctuaries for condors and
and everybody else's protxtiov without destroying him through
•fhc
pupfish and
wolves. so must the motorcyclist build sanctuaries for himself. The
confinement? answer is simple, at )cast in theory We estahlish a
network
analogy goes even furtber. Many species of concern to the
of marked mo[orcydc Craik. Eventually. the trwb could
environ-
mentalist will not live in captivity and at the '-'me time cannot be
crisscross the nation. Anywhcre on tion, the mntorcvclist Ls a pro.
tecit-J specie,. When he ventures
allowed to roam completely free_. The environmentalist can cry his
off the trails. ti,e motorcyclist is
like the timber wolf win straps crr,o the shcc.1 ranch.
heart out but if a timber wolf appears on it sheep ranch and looks
Notice. that our sanctuary is a nia,k d mrntrtrrvcic trail Fach
around hungrily- it is going to be shot.
Like the timber wolf, we can no longer roam completely free. Just
of
those three words is very immiriart- Change or omit ani of the
words and we cease to have a z;nc;uarN,
ss no power on earth will save the timber wolf who ventures onto a
Why marked? Oncc a tr;ul becorncs mart.ed rn etch a way that
sheep ranch, there is no power on earth that will save the off-road
it
is clearly de_tiignated rot the use n; srmr na_!icular group, it bcttomcs
motnreeelist if he insists on his "right" to ride wherever he feels like,
very, very difficult to chars}, etc st;vis In c1
,ve: t•t mark a trail,
regardless of the land and of others' feelings.
Motorcycle
someone must euthonzc it. nr snmr kii,d nt :eral f green7cni must be
parks, though, are not the answer. If th_re comes a
drawn up. The task ora person nr group who wane to ch-rngc r:r
time when '-here are no trails to ride, when there is no place, to ride
prohibit the designated use becomes infinitely ereatcr than that
but the motorcycle park,, or "noise parts" as one totally itrensitive
bureaucrat chooses to call them, then
of a
group wanting to suppress use on a troll u,;cd w•rh n:; permission or
many of you will sell your
orcyel end find a new sport. 'fntc, on the most in
only tacil approval. A few do:cn horr,epwnrrs, who are sufticici :l;
remote trail
of Nevmla, there is even now only the illusion of ricedcmr.
®rr)ncr
determined, can stop the cunstruciioTi of a pnpncui hEFhway. Butwilds
imagine the obstacfcs otic would
or later the trail will end against a highway or a gale. Bill
enrnuntcr to !rytng to shut down an
operating lnter.%tatc.
that illusion is a precious thing and even the illusion does not exist
Even more important may br tile, ps,chologiatl aspect. A
nside n park, however big the park might he.
person
conics to a train that is clotirly markers for motorcycles and
Paradox; how da WC fence 111 C, off-road motorcyclist for his own
sees
cyclists on it. Ne is offended. Fie realizes that then have someone's
AUGUST 1973 _--'•�••'r""""a:'-'s`^""`"°'°""'r.,"r..vr^+�mtc,r+oe,+we
_. 76
an
01
or.
t viy! )" r
Y Sh M,
^ � '~_ a - ♦ ^ 4
s
71,
--I
_ t:
;::spay`.• '�. �y _�--c'�'� � _ �� _ � i �'� .. i
I'"E i f s 4t- f-♦^�r'i
"�rlr .moi Y.Y raw• J - c Z � r .thee a ,..
The trail :winging left it o marked trail used by motorcyclists, hikers and
horsemrn. The tracks to the right was made by a four. wheel -drive vehicle
which couldn't get through the trees and got stuck in (he mud.
-;•4��� a :. it � ''-3�!v-,� :_✓»�'�e'y3i
This trail or, Nai,orai Forest tend kris damaged and remains clased until
repain•d. Riders in this area respect the cloture. More good psvchologt: an
alternate trail is tvggrsted by the stop sign_
permission and that he might be embarking
on a difficult mission just to find out who
authorized it, let alone reverse the decision.
So he turns his attention to an easier battle,
someone who is clearly trespassing, or who
is riding with only marginal permission.
There is another reason for having
marked trails: they are easier to get. When
you talk to a land owner or manager about
simply "riding on his land," he can conjure
up all sorts or visions of sc:.rred meadow's,
broken fences, silted waterways, and what
have vnu. As soon as ynu start talking about
one or two marked trails, then it immediate-
ly seems less pnientially damaging. You will
in one iocation. along the western fence of
the south forty, and lie doesn't have to wor-
n' about whether you'll he riding through
his barn at milking, time.
Any trails we cyclists become responsible
for should be designated motorcycle trails,
not multiple use trails, vehicle trail,, motor
trails, or riding trails. If you have a grnuine
trail, rather than a reclaimed road or
rnilbe'd, you simply cannot afford to share it
with jeeps, dune buggies, and such- One
four-wlieel-drive Icep can do more damage
to a trail than Sfifl motorcycles would in a
76
a • -�. �^� :S'G}r}�s' µmy -.,y 'r' �s >
�� ` � fir:. '� - `; q_ �` '',�, ♦ 7 F� � �,L.r
� � Vic.• t .a
y�-.•�.
.S�7T: �.
��\S''y: - - +�1 ` -mow,-•���;��` J - r
} ^ \
[`^77pp,,��e �..'- ` � .`w k4:••': - � ,;fes _:.
Without chit simple mewl culvert, this Oregon trail '•t,uld x,.,,: la -cam, :..
passable..4fter each rain and snnw-.nell, thr eullvrt hecomes [,,;neater rlugr,•i
If if isn't cleaned out. the next ruts: would hush out the wil-
s '
� 4 air ' �•..r -. �'I ' s>�N•,-..r 4 Yi'r' �!' '
f
r��,P +� t �,+�� i^ 'r r }� 1`.x+15. J��-' •a^' r � '
1 tit Aa• r
Yt,` +C`. �.-a r•air ,/��.
.r.�^ l
With the tread of this :roil alrnoii g^nr, the in kes 41e, ho rr xAwrt rtdrr, ire:
wind up like rhis--or x•nrsc If th. Fa,ry Srrvrer has t„ keep pu;ling rider„r,t
of the ravine below, the trail xiil be closed
flat-out race. This is especially true where
trails are cut along the comour of a hill, and
in areas where trails get very muddy.
There is no logical reason why hikers,
horseback riders, and cyclists cannnt share
trails, but there arc some carious psychologi-
cal ones. Motorcyclists infuriate hikers and
horseback riders. No matter that we're out
there for the same reason they arc; we reprc-
sent the city—what they came to get away
from. There is no logic to it, but the resent-
mcnt is real nonetheless, and if you allow
your trails to be designated in any way that
indicates shared ownership, you will likely
find yourself in the position of the rabbit
who was invited to lunch by the fox. 'Qaru-
rally, any hikers or horsemen who wan; to
use the trails would be welcome as Inn.a as
they understood they were'gucsts. nn a mo-
torcycle trail.
The one group with whom cyclists might
profitably share trails are the snowrnobilers.
-r here is an obvious economy and there is
little conflict in this shared use, only snow-
mobile trails tend to tic rather dull for mo-
torcyclists.
The last word in our description of a mo-
tnrcyclis 's sanctuary is trail. A trail may be
described as a two -foot strip of land, x num-
ber of miles long Them a no vegetation nit .:
trail to be destroyed. If it is properly built
and rnaintained, there would he no ernsutri
problems. wildlife in the tree will accrpi a
trail just as the% do a highway. A trail ma}
at least im;.ly serious purpose and mai' hal e
a dig,nificd name. Contrast thus qualoir<
with tho<e of an eree. When an area is
orient -d for unrc-,tncied nding, if it is rk'pu-
lar with ynung nd.^.rs and claw. in an urt•au
eegtrr, it Will within a certain short peno•+. of
;imc <ufYer a creat deal of darnaee -1 tier•
will be crosion problems, the hills nrire,i
to. ihr paint of access (and Or,eiore me.,t
visible to non-molnn:y-ci•stc; will be drnu:ie.1
and [hc mote amid sptcie of wOdhfc lit;!
sccl. rices hying gt.r.ricrs A trail has v-
tiic•.� ^ra-,ic•,ns "ih•s.r.ii,i^mai. .c.•,:•.,.-,.
st,meth:e,: 111;1: pts:: t-, meninew ;,r; n.:
ers v.h} endures, is'r•h il.ur harit,-ri•: '._.
etniquer ,hc-terriim attitude. can su,vr-,r
vcar after year %Oirn rvrry play area ren
shu: down only' a fcw ninwhs, or ai mnsi..,
fcw years after it bcccirnn popular A ici.,
great number of differences exist hctwcen
file crticcpil. of rrad and arra, not the Ir_r•[
f winch is that Inti!, arc ecologiallr dcivii-
CYC.E
L�
i
sihle .chile areas often are not. I 1.
With some education, planning, and con-
trol, it is possib;e that we will be able to have
trails virtually everywhere, even, one day,
through Yellowstone Park. This can happen
only when we accept the notion that the
trail, rather than the arca, is our sanctuary,
and we can demonstrate to very skeptical
administrators that motorcycle trails can
present as few or fewer problems as hiking
and horseback traits.
A system of marked motorcycle trails is
not an impossible dream. Systems have al-
ready been created in several areas. There
are now marked trails in an area outside of
Denver, Colorado (Sprucew•ood), in Massa-
chusetts where the entire state is hieing grid-
ded by trails, in California (Las Padua Na-
tional Forest and Kennedy Meadows), and
in Michigan where one long trail, the Pere
Marquette Trail, is being constructed
around the northern half of the perimeter.
Several other places have one marked trail
or trail segment. There are short trails in
Moab, Utah, and Pocatello, Idaho, both of
which are for motorcyclists' exclusive use.
One of the very first things to be consid-
ered in any area where a trail system is de-
sired is just how many people might use a
new trail in some given period. Most trails
now existing arc difficult to find and even
more difficult to follow. This limits, to a cer-
tain extent, the amount of u:e they receive.
As soon as the trail is marked, and oac fel-
low can tell his buddy how to get there, the
use will increase considerably, even by
'/'€�_� !JPS-.,:: ^` _..1�E.'C+-�s�•�',ii..
several ordersofmagnitude, soa'trail which
might be perfectly adequate under a limited
load may deteriorate very rapidly once it is
placed under a heavy load. In California, for
example, there are still many places to ride,
so the deteriorstion of a few miles of marked
trail would not be significant, especially tf
the trail was not near a major population
center. On the other hand, in one of the mid-
western states where currently very few
places to ride are available, one could cxpcci
a short length of trail to be almost immedi-
ately devastated unless drastic steps were
taken to ensure its protection.
This means that early in the planning
stage a nominal estimate of the number of
riders who might be expected to use a new
trail or trail system on an average Sunday
must be made. Enduro clubs start nders off
four at a time at one -minute intervals to ride
at 24 mph. Thus .4 miles separates each
group of four riders, or there is one rider per
one-tenth mile. This can be taken as an absrr
lute maximum permissible rider density. Be-
yond this density the experience would be
unpleasant for the rider in terms of dust,
trail blocks and potential danger. This, how-
ever, is only the maximum from the rider's
standpoint and not from a land-usc stand-
point. An enduro trail may be heavily used
only two or three times a year. No normal
trail on any surface softer than granite
would Mand up under this rider -density on
an every -weekend basis.
Let's make some assumptions about an
"average" trail rider. Assume that a 50 -mile
W constitutes a g r)d riding experience lot
him and that he will ride 24 days pct year.
Suppose that in a given area there is one
it a loop trail 50 miles long, and that rid-
ers will start out on the trail between 9 and
12 a.m. on a Sunday morning at enduro den-
sity, otic rider per oor-tenth mile. That trail
would accommndnt•_ approximbiciv 1.000
riders. but riot on an everyday basis. Again,
relating to enduro rxperiencc, it seems re-a-
sonahlc that our ifs -nide trail with "aser•
are" soil conditions miglit be able if, tel,c
this use four times a year. Since our Fr. craFe
rider wants to ride 24 times a year, this one
50 -milt trail will not 1x enough. He requires
si% time.- that much trail, or anproxmratcly
300 miles. Correspondiugly, 100 miles of
trail will accommodate 1,600 rider, tf e>:ch
of thcrn rides Y1 miles per day 24 &_N% p!:r
year. From this, we can estimate that nln,ut
.3 miles of trail per rider on an average Sun-
day is needed.
The dcrivcd figure of 3 miles per rider
winks well for inetropohian areas where
many riders can be expected on any week-
end• but tt:erc is a practical rninirnum num-
ber of miles of trail as well. Riding a trail
more than four times a yea,- would be Mor-
ins;. Applying the 50 -mile average ndc figure
and 24 rides per year, ohviously one rider all
by hirnself requires 300 miles of trail. This.
then, t; (tic minimum, from the rider's vices,
if there is less than this. it is probably not
worthwhile for the persnn to ew•n a trail
bike. In pracl,ciJ terms this rne:uts thai un-
(Conrtnued on page Z< )
Without eon.trurt attention by the riders the-uelivm wails will simply deteriorate into im[xLuwhlr parhwa')s. Nrr< in the Sr zee+r?ed aero of Coiorhado. local rmil
riders have been making repairs. Thry made this repair while it itr.'t rerettarily elegant, it will help keep the iraii
AUGUST 19:3
77
..■
0
MARYLANr
Pe{e a Cycle co..... ._
.. aallimore
SA VARY Continued from page 77
h tvin� ffidius equal to the number of I.
erUe co...'..... '-,'•';Severna
Bet Air
miles that an average rider in that area will
Pete*Z
Honda'Haperatewo ......
Park
..Hagerstown
- less It seems possible to produce at .least
- - - -
truck his bike in order to go trail riding.
MASSACHUSETTS
300 miles of trail (which may include a
Experience shows that near the larger cit-
ausMyers olo!C .. .... ...
f.iart ..
Boston
...Springfield
moderate proportion. of low standard dirt
ies This radius is on rite order of 100 mics
The I its Inc. .,
The Trails Inc. ................
Vlitclpon
road), then it probably_ is not worthwhile
and deerrases in atxwr 50 miles in smaller
MICHIGAN
Motors
to bother with it.
farming communities. -
GptTrop& . ...
Ge Ys Spon Q:ntcr ... ...Gnntl
GrandSenlon Rapids
Rapids
Wliat would happen if the opening of a
2. The numlitr of !idcrs in this area is
_ Motion Inc.. ..... _ . ..Madison
!Davis Sport Canter
Heigh:s
new trail was announced In the local Cycle
then eSlabll�licd and !ht numl>tr of
.. sl.
7heR rte ... .... .........Plymouth
Inc Hands Shop
Clair Shores
newspaper, and there was nowhere else in
mile,
of trail needed i; calculated a: descrit d
•---... .....Port
MIt:NCSGTq
Huron
the area to ride? Suppose there are about
earlier, makil:g alinw'ancel for h,::al con<.li• �,
M achi; a,s of Man ... ....
Tov„cy Spell Center ....While.
Hi
..ankns
'Beat
2,500 trail bikes in the arca. It's a Rood bet
tIOgS and for a11UC111:1(Cd t4rOK111.
..
Late
that at least one-fourth or them, or about
3. Now, on It lel )tc-scale mar of the area, '
MISSOURI
Cycle end Aider Acce600,
sjpr'ca..
Kansas City
would show up to ride every weekend.
you may start drawing. in every trail which �•
of. Louis Honda ...............St.
Louis
Using the derived figure of.3 miles per rid-
is currently b--ing ridden. Develop is color
NEBRASKA
Bellevue Honda Sales ..........Betlevau
er, that means that there had tetter be at
Cede l0 depict the status of tar. nail: legal,
p
Jerryco Motera ....... .........Lincoln
least 180 miles, of trail available. If there
illegal, or unknown.
NEW HAMPSHIRE
Nsuu•s House of Wheels „--.MAnchesler
was only the one 20-mile loop, it would
4. Start a file card spstcm with a card for i
NEW JERSEY
certainly be overcrowded, denuded, and
each trail. Nucnbcr the trail, et-. he map
t
Mon T.outh Kaw6sakr ........Middletown
Sr.cen/Forbes Inc
quickly destroyed.
and file the cards b•; nurnber On the card `
'
Al:eml[ Cycle sates .. ---
Tti•Coonly
.. Whippany
„-Vineland
s.
Naturally, there arc all sorts Of factors
-
note the leiloth of the trail. Its L-w'nerllnp, {
KawisA:,i .........,.Mt.
Holly
that can affect the calculations which have
its legal status, the degree of acceptance by
NEW MExlCO
.'con's Har:ey-Da,idsnn ....Albuquerque
been presented here. Most important is soil
the public, the Iwpulanly o,` the trot! with
NEW YORK
condition_ If, te; in some desert areas, most
The riders, and the condition of the trail. It I
Oar+.• renew sates Inc ._
Camp s "Wo,,; Inc. ..
.Cortland
Ce my r.!ach
of the surface. of the trail is rock, the esti-
ma}' be necessary to xdd mace data in A
Gordon Bu:ukl ...............
Pau, J Horten Inc.
S)rarvse
mates can be revised upwards (less trail
rim., but this will do for a start.
_._...
Honda of M,r.,.gla ..... .........Mineolm
..._.Eneicau
needed). If, on the other hand, the soil is
5. Oil an uvcrlJy map draw in tho,c sci_
Fonda of Fboenia ..-.---
HoMA VI!1a,e ..Kiaq
.-pace it
Ara fans
fragile and subject to erosion, the estimate
tions of trail which l(l..)k suitabl- for per-
-
Hov'ard's cycle ^nap . �..,
Ron's Sports
BAIlslon Leke
might have to be revised dramatically
mancnt, marked motorcycle trails. Com-
end
sw-ofrvice .....warrd.
Suwb CINes -- -----------
Go
downwards. The number of riding days per
pare the total number n(mdcs of such trail
Sack's Auto Supply Inc .......Coasackie
-Newark
year will also have a substantial effect on
with what Is needed. f
NORTH CAROLINA
Cycle City ..... ...Faycllevine
the result, and surprisingly,
g _, so will the trail
-
6. Make a rc-a.1lstic assessm[nt of the
cycle Gear ....._ .... :'
Kaa•aaaki
-Charlotte
layout. A maze where the riders can enterproblem.
Itt's cJy• for Ihr sake of illustra- l`
of H - ..,.Gmensboro
hlorlh_aki pt Hick Ory _
Nonhh
Hickory
and leave b several different routes is
}'
lion, that you havr a t,aiii of ill:' milell of
Cods C [ta Ce of r-...
> <
Joe Wn{an Honda ........
Jocksona;Re
Forest City
most effective; then all segments of the
trail, 23 miles of which are on private
Kawa,Aki of 600nA .
!'at-, arta City
1..Bonne
trail will get approximately equal use.
property. You thin;. flit- nwncr wilt agree
........ ...
.... Cnariotto
Least effective would he one trail that
to let you nlyrk it and it j
oHto_
Rubins nil New
Philadelphia
branched into three others after some dis-
ulc n:, n perrm,
nent basis Theic are t,: nllic•< in tilt Na• i
colsHonda.-.
Roush Motors
Reusnonda ... _......
..Toledo
,.V.•eslervilfe
lance. The tank would receive three tint.;
tional Forest which ndtrs air t:.,nh and to
Sv:oki of Cincinne:r ... .._...Cincinnati
The Snorts
the use of any of the branches.
which there arc Tin strong nbicclions, and
Confer .--..-.Washington
Honda of Batavia,
Coon House
Throughout this article the phrase "to.
there arc 33 m,lcs of trail on state land
,. ,-.....Batavia
build trail” has been used, but this is actu-
which may be shut down pretty soon be- t
South
Jan De 66ur South ........
.....
..Tulsa
1 ally quire inaccutate. Trail is constructed
caulle Ihr trail is in ver+• frnlr shaFc. nders
Conn.raat Cycles Ltd...-•..,.:,..,Enid
for horsemen and hikers for two reasons:
arc going oft the trail causinv damage, and
PENNSYLVANIA
Alvin', Honda Sales
Windber
the protection of the environment and the
a;l important watcrwar Iz b'-in,,, sit' fed $u
Civic Center Sports ......Ponill'ugh
Cy[IAS fnternehonal Inc
..
comfort and safety of the user. Motorey-
far it's bcetl a one-nlatl it,l: hu::rom here
Krause Honda ...., '.
--
,.Glonsida
Emmaus
ehsts, though, enjoy the challenge of riding-
1
nn (1111 aft Or&`anl[allon Il nr:^;Ird You
Leisure Tame tr.ys
Wo,id of YAmaha -
..Corry
--Gteensburp
over diRieult terrain, jumping logs, avoid- -
might form an organnafion t;nm your fO
'10r; cycle center ... .,,
me-,a
.Langhorne
Ing rocks, crossing streams, and such. As
friend:., take the prc•Idcnl to a iiti:al club or `
Cycle C�atr. .. ..
acyl; Cycle Sat.l, .... ..........Buller
Burgef!Zl^.wn
far as the cyclist is concerned, an "int-
}'
`
the .4 A1.4 District, or u'hatrret sL•[ms most
SOUTH CAROLINA
provemcni' renders the trail less interest-
likely to work best in rhe area. I.
Suzuki of Greenville ....Greenville
ing. So in fact the only construction neec_s-
Present your wort
7. Pr i i
: 'to til, ur�ani:acon
TENNESSEE
Crce.etl'a Hausa ct Nonda
Nas nville
Sary Is that which must be done to protect
an d explain llic problem. You need 300
YA^+ana o! KrngsPort ......
..
the environment. This Is veryfortunate be-
stiles or "new" !roll Cor-Toni. v me of the I
TEXAS
Coastal Mdtor Sports .. ..Corpus
Chfisli
cause the clost of trail corstruction is cx-
mcmbcts 1%:11 kllol% of (-alis Il;a; you
Cycle Wof:d ...............San
Antonio
tremely high IT the order of thousands
rnissed on your original ,ur•,eN till: ht•-
Ka.::Klln kf CityOde.a .-. •.
,�ekt City ......... .....
...Odessa
Irving
of dollars per mile. Even considering that
gond this, they will have to go nut end
spi'lein• Wheats ,,.
ri,4 cess: Honda ..
.. Amarilp
standard from the user's viewpoint, which
I.
poke around, tiv to find Ihr bed of an
S_:rinp 9rancn Honda .. ........
s'ovau"s Yw-nwM
..Hnoston
Holston
might possibly be much lower for cycle
abandoned n:iln lccf, o: an old I wr. ru.la
Caun!......
Cr_n•rez Cycle Inc ......Killeen
..Lubbock
trails than for others, the cost is still going
that song-cine dual} rer.alu, an i; Condoned
VIRGINIA-
cycles Inc.
10 he Substantial,
hii illi troll Loot On oid maps for power.
........
G•o's Cvne Sale;
Aninptnn
Roanoke
anoke
Ir_t's now take a look at the basic steps
tine rights of was and, mines long aban-
Hone..a o! vitg:n,k seact wirpinR
Hor'da wprlo
to to taken in establishing a trail system.
f
finned that certain!} had roads out to their
. .. Ric tor-one J••men's soon Cycles .--CnTIIic for-one
L.et us assume (realistically) that one pct--
dig%. There is nh,olut c•!y no que<:Inn of
WAFH{NGTON
wan" r r s°`vki . " ., —
.-s•ar-^ at-
son is going to start it.
1. The natural boundaries of the area to
what trails can be found (or butt: as a last
resort)
WEST VIRG I!; lA
and established. Thr onl} questio-1
Younq'r. Inc ..... _,-„.-Charles!on
he served by the system are established.
is how much effort and rnuncl It wAl Lehr '
Wis.CONSIt
King P Cycle
I ct's assume for the sake of discussion that
Finding the potennal trail will be an inter- 1.
... ... ......Mmen.1,ea
Mt�a's Cycle Shap ..
.. M.n: she
there Is some natural gathenng spot like a.
csting and exciting project, and yfvu should
rrreeom ylhael. , �.oconnmowoc
- L wed J cycle. and sport t. ase Grae
Forest Service campirround, or an isolated
have no trouble ettin volunrccrrn to gr.
� t
..
;:et-NetSpo•:s Ltd. ... ....
DO'- and N137
y:,
..lYausau
cafe with a Iarge paring Int. From this
scouting. When 1[ LI,RI[C fine 10 Spend
..............New
berlin
I location On a map, a Circle can br. drawn
hours talking to pcoplc and wor-Ling on the
AUGUST +ass
0
rail to get it permanentl-v established, it
night he something rlse acain.
N- Yna will want srmcone to start nwork-
;1a with the Forest Ser•: ice to get that sre-
�1 c,f 11:,6? ailed dew_n. The Forest Serv-
has tin provisions Ill their regulations
For the Feneratinn of tri!il, sfrc::ically for
m',I,vrvcles, but the -v arc --hie to ac:om-
;.1i<h just about w•hatrlcr :heti w•)tlt v-ithin
their regubilior,s. And corre-spnr.,'.:ngly,
Iliry arc ahle to prnhil�it whatever they
1•-,401. The idea is ill make a deal. T, e most
likely deal is to offer some trail r.lainte-
rtance from ynur orgapfeation. Tm,l main-
.cnance i; almnst entirely manual labor
and 1 -cry expensive. The Fore!- Service
Fcncral!y has insull„-icnt funds frr mainte.
1:_71cr a^d thus winds up closing :rails sim-
p1Y htk:-"use they ca,;'i he maittts ned. They
,l:o want <on,c cducatin,;ll arsisl-
an::e t(, help kcrr rc;crs on the existing
tld:lc Nike tile)" an offer ihr • can't re-
fuc,_ !bake sure that ihr- Forest ;cn'ice re-
elizes 11121 the)• are d"ling with ut organi-
7411(y11 tWhieh Ility like), not an individual
;v:hich they don't like).
9 Dr.e of the harc!c t jobs com(s next.
(3o to the: agency that is ma::aging the
state land and cNnlain what yn) and your
organiz.oron arc trying to do. -xplain to
!hem y. -)u would lite that 33-nile trail.
1 that is in the prnrac s of being coned, shut
down—tempo—r-,1y. Plrk a tine in -en -al,
six months• onr. year. cr xhate•: r lenh )1 of
i time se -.ms necessar) 11) accnnpfish what
'must be done. Ask them to lost a sign:
"This trail closed hy authomt or the De-
partrllrnt of National Resoirces untii
(date) Fnr information call: Ohone num-
ber)-" The phone number shoed lie that of
an articulate member of your (rganization.
%Vhen someone calls, the c' •b memhcr
should explain -,vhv il,e trail '. dosed and
try to get that person to help BI solving lite
problems on that trail.
10. f)uring the year the lrail is elo ed,
your organization w'rl be s't ,king on it,
solving the problem: if a ::r,:lm isbeim
seriously stilted, y,•_ -I may Fat:: to build a
! trail bridge acro.; 'I. or pit in it bed of
i stone, st the crrasing If sire rails are cut-
ring up a hill, )u m::y hal c v block them
with rocks or'o s. Where •ht trail has bro-
srn d(-.vn :,id :s c.oisrn; s,rinus erosion
prohler,s, • %•u miehi wtint to rcmutc it and
1 block the original, or built some water
jlyes ac-, th, trail. Vou w;l have to do
i „halcv-r is nr. es<ar; to marc the trail an
asset t : the D:':R rather then a liability.
11 ! !Ie thir•4s nicr,ttonet in step 10 are
1 scm,'tnms 2'^d of c-urse must be dealt
wi- % hot the c4L'sc of hint -all's condition
!i { is•loct probni;R a , nmh'latinn of two
Fs' m•crust and damaL:- Causer.[ by tc-
rnranec factr will be climi-
atcd o:lltt: ),nt: trail ne v:nrk is more
compIrl, and rr;icrs have a wider ch(licc of
it 1
r: a.is 'i is ign„'ancr. F,ctn•, though, is ro-
ins lel be very ':fitcul; IG Cnmhat. I?i&rs
33 i cannot tmxcinr th:l !raring the 1 -ail ro
take a more challrnc,ng t th for 50 ),,rd;
a can bun anythi: _. Thcy a -c uscli to think-
k'e lace�nent
Seat Com
J Y.A. a n(. [•Y.....r rw ..i.. Anr Wl!Ir Yf
' wrttif bttU.• .1 ««r ,Coq «IM Ib Ya. GaYr
J IYWI.A ,r ,Ma 13 rlr•« N «Lt . L[” 4.. m1.
3j IMr9. JIrYJI.[ 1}..« .' w1J rr«tg, Sir. Y At
1 saJ e.e.lr .• ...ar.rrl« � rr+ vJ;.J. V H.cf
Maui .neo ................... .G.f6 Y rILH
Wflri roe OUP. LATH care Loc
^YCLE
•
int" of themselves as individuals, not as a
mass. 'Jul "'here Jnr. rider goes, a hundred
nr :± 11±ou•.ar.d c-t:l surely follow• Afici
11CCil" I' le tr, preservc the
Craik lit -OLli area, Y"or nrl;anizatinrl mu•.i
ass,.":r a !r::, Milt? rl';!r tion V(1±
to h•it a Ir ,• , ntr. )'
p ricins signs, puhri,h a
Iri c.- �er:d s:-n:r of ),J,r ntr:n,;!r• -5 In ot!L :
C111hs to t.,!� in ihrir rtcmlr_rs. \\ 17'Chr,'rr
You cL•t]Se. (ti, :t ; skip ;his fu r.Crip l n:
Ci0k(' lin i th`i trr.ils arc 1',ring ruincd ai.;l
CIMrd Il:�an rhnn you cert uprn :horn,
1=. [a.!2l,1.,1,•r C, :i trail nrt•.v•trk i•: Yui n,.
f0I Of weak x,Id initially it 1
will p:olLa 1p J±a,e to be done by a fair!c
small group ,.,f Cpl Qncc your roup I
1 '' c. €
has snort?:iny io s110W, bay 150 miles ,-I'
ntc,, nlr.rl.ra 11!L :!,.-J trail Icralh' Open In
nlniur• 11-G•.r,. ,r •h a,L( tl,: cd,irr to aura• -i
"torr nt^ml>:"s in >h., -r circ lr,ad. D
Olrrl�' Las r'. ah„ut n,.
orl't h,:
dr,c:ng \'our Ira;),
it:r�;: wai: Inti! y,:❑ have enough so tit. t
It wor.'t he r!r„e(I.
13. The r.i;ual mart.inf of the Ira;!•
sh;•u1d M Fern cvts,dtl�hk thought. 1'<���
a•ii.' w;:n!
to }s- nhfc i;l , f. ihr sd:nr rvpr of
markiu}'s (r, all your trail P)ivalc 1:•na
ow',rrs r-ic nc•' Itkel)' lit rr.re hew Y„❑ i
mark t: gall lift- •'Ve.-
lo s•. i nu don't iry hazing
with a hr,:;:hr:. }i:lr federal aad stet
cir'q ha,r ,rculetnui rnA.,;.inr.s for i„'i",.
)nn 1112: "I
?i�te tr, adhere {
Vlsihihiy r, x h fxcirin You:- local ;-n-
Oil r() 01101 t
c::: p-"f•ah;Y Irl) - ju51 W1r:1 I
Is rr is ani vi.ih!,: in -Our arca. J)on't male
Caren s, a;sumr,n,ins. RZ member that m,,,i
are• L. clian�c c .lot sith rile seasons.
Ed)b,!!iy i, also important. 1Vhrn f.,.'.,)
wets scarce in the winter, some xnunal< w,!1 .
cat anything irtc'lading {),int off of si,tct
n1e13: signs A riaturxh5t in pour area
shn;a I h, ahlr to tell you whethtr the !irtt
ns in the arc: will find your ds:-t"low' plas-
ttr arrmw•• d±Fes;ible nr Ont.
14, hia•,Mr., the trails rill he a rnn±im:- I
trig protect, h±, the end result should he n
published mar which riders can purchase. ,
Thi:, map will herrrfit not Only then:, hut :,
done co, e ut,. it should also hri,efit inu
I.1St the ruleti of ihr trail system nn h sInd a
brrcf clip!:,nar,nr c,f why h is impo:-lanl
Gi,t ar, tt:ler-sti(ig description of li±:!e.
usrd trails so il•ai ndcrs µ•ill be tempted !n 1
to them and tl.e snrne
Of the pressu-r nR
the n•:c-oscd i;�'..
Make it ry[\' for l,r„ 1 .
slv_•c ire menthe:s 11) err m touch with y,,u
15 T}»s lea act' is n„ rcalh x pent
dire. 1)ut air :n. 1, - .
rationality Scntn,r uc s j
tr,,;l •vstrrl ra: hr Qui:c eialinc.
i he n :n,r •:,s ; halienprs to }nur tri_: 1
n:nlc. F,altua'i;. there µ-i1}
rr It% ;ra l t be ahol!l as
ma- .c•.. uod r„ep:ud as m.,•.1
hi,l tit, woul(1 I: i.r n* as much 2s
hill hr s can pn.•.•.
QI:re7rd f -.,a; the arm,- hlaci: o! t;,,.
p'or,rcrirtg c,ri'rmr:a will be gone Unl�,s
all ihr wort, is to c;, far nn'hing: hnwrvr-
the n:;,:ntzrt mase rnniinue t<1 edi,c,r
nca nric-s y d rr nai-taut the trans
can figure the t:':nLai trail main(cnenc nr
terms of man -(lays -1 wo hundred i •,
r
- `•
AUGUST 1973
F
C
CO
a v
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cu
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two
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n
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ECJ
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A
Q. U
Q. O
1
L). (?
(h (n `.
r-0 (A
^YCLE
•
int" of themselves as individuals, not as a
mass. 'Jul "'here Jnr. rider goes, a hundred
nr :± 11±ou•.ar.d c-t:l surely follow• Afici
11CCil" I' le tr, preservc the
Craik lit -OLli area, Y"or nrl;anizatinrl mu•.i
ass,.":r a !r::, Milt? rl';!r tion V(1±
to h•it a Ir ,• , ntr. )'
p ricins signs, puhri,h a
Iri c.- �er:d s:-n:r of ),J,r ntr:n,;!r• -5 In ot!L :
C111hs to t.,!� in ihrir rtcmlr_rs. \\ 17'Chr,'rr
You cL•t]Se. (ti, :t ; skip ;his fu r.Crip l n:
Ci0k(' lin i th`i trr.ils arc 1',ring ruincd ai.;l
CIMrd Il:�an rhnn you cert uprn :horn,
1=. [a.!2l,1.,1,•r C, :i trail nrt•.v•trk i•: Yui n,.
f0I Of weak x,Id initially it 1
will p:olLa 1p J±a,e to be done by a fair!c
small group ,.,f Cpl Qncc your roup I
1 '' c. €
has snort?:iny io s110W, bay 150 miles ,-I'
ntc,, nlr.rl.ra 11!L :!,.-J trail Icralh' Open In
nlniur• 11-G•.r,. ,r •h a,L( tl,: cd,irr to aura• -i
"torr nt^ml>:"s in >h., -r circ lr,ad. D
Olrrl�' Las r'. ah„ut n,.
orl't h,:
dr,c:ng \'our Ira;),
it:r�;: wai: Inti! y,:❑ have enough so tit. t
It wor.'t he r!r„e(I.
13. The r.i;ual mart.inf of the Ira;!•
sh;•u1d M Fern cvts,dtl�hk thought. 1'<���
a•ii.' w;:n!
to }s- nhfc i;l , f. ihr sd:nr rvpr of
markiu}'s (r, all your trail P)ivalc 1:•na
ow',rrs r-ic nc•' Itkel)' lit rr.re hew Y„❑ i
mark t: gall lift- •'Ve.-
lo s•. i nu don't iry hazing
with a hr,:;:hr:. }i:lr federal aad stet
cir'q ha,r ,rculetnui rnA.,;.inr.s for i„'i",.
)nn 1112: "I
?i�te tr, adhere {
Vlsihihiy r, x h fxcirin You:- local ;-n-
Oil r() 01101 t
c::: p-"f•ah;Y Irl) - ju51 W1r:1 I
Is rr is ani vi.ih!,: in -Our arca. J)on't male
Caren s, a;sumr,n,ins. RZ member that m,,,i
are• L. clian�c c .lot sith rile seasons.
Ed)b,!!iy i, also important. 1Vhrn f.,.'.,)
wets scarce in the winter, some xnunal< w,!1 .
cat anything irtc'lading {),int off of si,tct
n1e13: signs A riaturxh5t in pour area
shn;a I h, ahlr to tell you whethtr the !irtt
ns in the arc: will find your ds:-t"low' plas-
ttr arrmw•• d±Fes;ible nr Ont.
14, hia•,Mr., the trails rill he a rnn±im:- I
trig protect, h±, the end result should he n
published mar which riders can purchase. ,
Thi:, map will herrrfit not Only then:, hut :,
done co, e ut,. it should also hri,efit inu
I.1St the ruleti of ihr trail system nn h sInd a
brrcf clip!:,nar,nr c,f why h is impo:-lanl
Gi,t ar, tt:ler-sti(ig description of li±:!e.
usrd trails so il•ai ndcrs µ•ill be tempted !n 1
to them and tl.e snrne
Of the pressu-r nR
the n•:c-oscd i;�'..
Make it ry[\' for l,r„ 1 .
slv_•c ire menthe:s 11) err m touch with y,,u
15 T}»s lea act' is n„ rcalh x pent
dire. 1)ut air :n. 1, - .
rationality Scntn,r uc s j
tr,,;l •vstrrl ra: hr Qui:c eialinc.
i he n :n,r •:,s ; halienprs to }nur tri_: 1
n:nlc. F,altua'i;. there µ-i1}
rr It% ;ra l t be ahol!l as
ma- .c•.. uod r„ep:ud as m.,•.1
hi,l tit, woul(1 I: i.r n* as much 2s
hill hr s can pn.•.•.
QI:re7rd f -.,a; the arm,- hlaci: o! t;,,.
p'or,rcrirtg c,ri'rmr:a will be gone Unl�,s
all ihr wort, is to c;, far nn'hing: hnwrvr-
the n:;,:ntzrt mase rnniinue t<1 edi,c,r
nca nric-s y d rr nai-taut the trans
can figure the t:':nLai trail main(cnenc nr
terms of man -(lays -1 wo hundred i •,
r
- `•
AUGUST 1973
- _ -_ - __ • • ;p THC ElCITI4G --
working two daps each or five men work- �ftlQtOfcyelelna;ustry
ing 80 days each is the same You as an D Fri 5p' 1 YOU
t r N I individual might not mind working RO N1
t day's for one year, or maybe even two. Hut Tra;n,d Nechan-t, ere atipertttly nete•d
isooner or later even the most dedicated fill ME hitt motolcrcte sir.;ct m„rteL
/ �]I� martyr is cuing to want to stop working KAKE 32,000'o $12,000 yearly
� aF3 s and start riding. Figure out ways to share as a Cycle Service Technician
the load. Get everyone uho rides the I -ails n
to writ k on them a little bit and the cv,tem I �• W
s
i
i
— e � will haven chance to last. � -� •��-� ��
a
• You will geed money as well as svbrh. ., ., t -s-.•.,, ..,.,.,�,, „,,,,,,�„�,,.
You may actually have to buy or lease ! rr Cali (816) 621-330: Today
rights Io cnrtre sectionsoflralL- l-outnighH -�' •--••__....___
: i4Ntir.Ea Ti(anKxt MTTTU 1
\hv want a permanent clubhouse to use. as ,
class and workroom. }'OU will alm m( cer- ,
I ',
tainty huve to pay some lawyer's fey, tin. +emt
W'r) Wnzcar7 less you can persuade one to join the cluh. ----------
14 �` You will have to buy marking materials ddres,.______._.__________
' , %• 1 ,, nr'srat
�^� �F
and there %si?I Ix: printing costs. Physical -- -- ----- -- -
(' c
rl••'+.T.clr•�15+:' work is harder to obtain than mency, and ------
t sou will need more of it, so it would seem n _
that the bet policy would be tot}' `— -- to get t `-- -- - -- _ —_ . en
F` , nt rr•
all riders to work a day or two on one
r 1-
- —
o t e projects and not tap them for
- money.
i or the funds that you need, the must
\ eEhspc% logical course is to t:pproach those who
henefit from trail hike% bill arc unhkcly to
contribute Physical work to the trail sys-
v�O tem. Dealers, accessory houses. Publica-
,..-
tions, commercial enduro promoters, tro-
n4 phy manufacturers and many' other husi-
T nesscs make money from trail bikes. Ey-
plain your projects and ask for wrist you
aced.lmpressupogyourdealrr,or,vhom-
t ever. that he benefits from a trail s%,.tern
as well as you. If he doesn't sec your point,
~ At Me National suggest that he go into annthrr h isincss
Road Races, Endures, and then get the trill riders in thr, area to
t' make it happen. There is just noihing like a
Uti t Tracks, Moto -Cross, lrovcott to turn a profit -oriented husine. s-
I man into. a pa agon of vinue-
as Iweii as the ration s What has been proposed in this anisic is -
turnpikes and coif -trails! the estahlishment of sanctuary for one of M;
motorcycling's endangered species. Ac-
t -^'r; F
KONI hydraulically adjustable shocks cording to tradition, sanctuaries are not ea- ;
tahlislird for species until the odds are
are engineered to replace standard 6 p y
heavily against their survival. 'then, if
units when improved road -holding, against all odds, thc species docs sursJ%'c, '
cornering and handling are desired. what has been demonstrated'.' Acrtlatly,
1 fl . I.M - .�•�`
Cnloy cal -like traction, on and off -the- nothing. 'fake utt'a}• the si,rr.essanchtary
and it will disappear. it is not stroll'
road, veiih "bob -on” KONI shocks. I
KGNls give you that extra control, cnough to survive on its own- {
The various governmenLs might "tive'"
st:+bd,ty and comfort at any speed us sanctuaries in the form of areas .nnd
over all lyoes of terrain. Only KONI's trails that nt the moment seem of Imic val- y ai " k rt l r R;` • (l =:�
competition tested and proven shocks ue, but they can just as easily take them
otter a Patented adjusting feature. in away, and will if [here is cnough pressure `•i�'"'ti'"' '
addition to spring c r It t'
P 9 pre -toad, that per- brought to hear. So 1 am proposing that ,..:-s.I._r• � .r,� 1 '� �l
mits the owner of any type of bike a %ve, the endangered sl,ecir5, c<siahlish our�15 {�
"customized" ode. own sanctuary on a permanent and dcfrn-
Bible basis incl therchvC tJCCil tl %e We arc demonstrate, not SALE ;MCN K'ANT¢D
w•
rnr wrn.m°Ube that c should survly ' M TQ r'• <-
.;;;r , . Ric SnU, Mr Pocono, P°. (aJee I � RCY,-•.tea --
F/tHtv�rtit cutc, but that -we can and will hecausr w•r - -
•Tzs°^'t+�'2�et to cell on vXtstrnc de:ac... am.! v,:
arc fit to survive. The motorrs elist, Int ear• new Ieddeis. Gea-1
/ chain •.-;
year,, both IiheratrJ and saaet.!er'. h%' Itr, o: mo •mahae o:
fnt3ti •fib«' own soaring vision of his own Snannc incl,' , le•,cr'
brurer,en Nn: ioo•�•rn Ic•
Fnr FnEE RO
nln r,•.•.
P ndenceis going to hav
, have to cvo?:r in ti;:- "opt" hu• o
•Jcyc nnbva t71 hure, ( C nn d
an^t•ca:roll Chan and pr.ee 1,si. foist where personal freedom is necasi•ln- rD t,Cr{. WWI drAJV,$
.' LIMITED alit' wbjutaied to group freedom. whC!e .''v• r' " +oar °„n v.r•e
the present is suh}ugatcd to the fururc, and
;� j n'i •C+::r•u, r ,• 1, lyse
I` c.. ,, 1:13. line Par. Ave , r�
•” -�^ ..«t 1'aK°tnaCk. N.w,l°r,.ry07Lalr where work IS r�O.Or, not ilV(TIi1Cd. 1. Y�.It.. N,Y. Irklb
5%
If
MINUTES
IOWA CITY HOUSING COMMISSION
FEBRUARY 20, 1974
RECREATION CENTER CONFERENCE ROOM
MEMBERS PRESENT:
White, Hamer, Branson, Bosserman, Frimml
MEMBERS ABSENT:
Duncan, Sheets
CITY STAFF PRESENT:
Seydel
RECOMMENDATIONS TO THE CITY COUNCIL:
None
REQUESTS TO THE CITY MANAGER FOR INFORMATION OR STAFF ASSISTANCE:
None
LIST OF MATTERS PENDING COMMISSION -COUNCIL DISPOSITION:
Amended section, Part XI --Complaint, Grievance and Appeal
Procedures of the Statement of Policies, Leased Housing Pro-
gram submitted February 7, 1974, waiting Council approval.
SUMMARY OF DISCUSSION AND FORMAL ACTIONS TAKEN:
yyb
1. Chairman White called the meeting to order. Bosserman moved
that the minutes of February 6 be approved as written.
Hamer seconded the motion, motion passed 5/0. It was the
desire of the Commission to express their feelings concerning
the proposed rule changes of Section 23 Program as listed in
the Federal Register, January 22, 1974. The Commission
believed the eligible tenant would not receive fair and
equal treatment under the new rules; due to the use and
enforcement of different lease agreements used by the individ-
ual landlords. Also, the physical and mental capabilities
of the needy tenant were overlooked.
2. The public brought forth no discussion.
3. Coordinator's Report --All units were under lease and occupied.
Five applications for Commission approval were presented and
approved for placement on the waiting list.
To clarify some questions concerning the Section 23 proposed
rule changes; the program would not be a Direct Cash
Assistance Program as are the several projects being field
tested by the federal government, rather, the new rules
are a modification of the Direct Cash Assistance Program.
0
0
Page two
For the future, after governmental review of the field
tests, the Direct Cash Assistance Program as such may or
may not come into being.
4. Old Business --The participants of the "Your Turn" radio
program would rehearse on February 21, at 8:30 a.m. at
Eastlawn.
Bosserman agreed to join the sub -committee to study the
needs of elderly. Branson set April 15, as a tenative
deadline for the questionnaire to the elderly to be ready
for distribution.
5. New Business--Seydel noted that the State Chapter of
N.A.H.R.O. would hold their annual meeting April 22-24
in Dubuque. Topics for _discussion are housing and urban
renewal; Commission members are invited to attend.
White would be out of town for the next regular meeting.
6. Next regular meeting scheduled for March 6.
7. Frimml moved the meeting be adjourned. Branson seconded
the motion, motion passed 5/0.
APPROVED: `/ 4,6_,t) SA, -L ✓
BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Class
"C" Beer Permit Application is hereby approved for the following named per-
son or persons at the following described locations:
Buck's Trading Post, 2120 S. Riverside Drive
Said approval shall be subject to any conditions or restrictions hereafter
imposed by ordinance or state law.
The City Clerk shall cause a recommendation for approval to be endorsed
upon the application and forward the same together with the license fee,
surety bond and all other information or documents required to the Iowa Beer
and Liquor Control Dppartment.
It was moved by White and seconded by Brandt that the
Resolution as read be adopted, and upon roll call there were:
Brandt
Czarnecki
avi sen
e rosse
White
AYF�S: NAYS: ABSENT:
X
X
X
X
Passed this 12th day of March , 19 74
ff
I
ri
5-v
e
�'venub,-. I\r E
. . .... 8-46
ar pids,
Ra Iowa
ary
FebruM 28, 1974
Mayor Edgar Czarnecki
230 Windsor Drive .
Iowa City-, Iowa
Dear 1h-`1ayor Czarnelcki;
'The Iowa City -members of the Civil Liberties Union board have
suggested -that'-:you might be-abletohelp us with a matter that
has come -before us. A . resident of a privately
o�,med apartment
was ticketed for a criminal.. offense :for
parking in a slot which
was not as,signed to 'him_ --in a parking lot adjacent to the building
in which -he lives. Heet-frequently finds that his spot is occupied,
as was the case. that night,but to his
knowledge those occupying
his slot were not ,similarly ..ticketed,
:
It would appear.that he -w as charged under r 6.2 of the City Code,
which makes .parking ,on private parking a nuisance, -to be abated
under state statute, Chapter 657-1741 by a civil action, not by
a criminal charge placedthe landlord.
.by the behest of
I am requesting that you seek a city -attorney's opinion about
this practice,..as it seems to us.questionable on three grounds:
it is selectively e.nfo.r.ce.d,.'policemen are actin- as agents of land-
lords, and the policee-department appears to be violating the City
Code by treating as a criminal offense what the Code designates as
a civil matter:
-
I hope that we may see.a,city attorney'. s opinion soon, as the case
in question is continuing, and it is quite possible that the
opinion could save us thenuisanceof -a court effort.
Sincerely yours,
Signi Falk, president
Hawkeye Area Chap -ter
cc: John HayekIowa:Civil Liberties Union
,:.
110 E. Washington
I-owa City, lowa
The Honorable Edgar R. Czarnecki
Mayor
City Hall
Iowa City, Iowa
Dear Mayor Czarnecki:
COMMITTEE:'
ARMED SERVICES
LABOR AND PUBLIC WELFARE
VETERANS' AFFAIRS _
Lh
Thanks for detailing your concerns about the provisions
of S. 1541 which relate to revenue sharing.
Although the bill reported by the Government Operations
Committee contains these provisions, the bill has been referred
also to the Rules Committee, which is currently considering
changes in the language.
Since I recognize the desirability of assured funds for
long-term planning, I hope that new legislation will at least
avoid tampering with revenue sharing during the already approved
five-year congressional commitment to this program. When it
comes up for review, then would be the time to evaluate the pros
and cons of channeling it through the appropriations process.
With best personal regards,
AZ4�� -0;
HAROLD E. HUGH'
HEH:sc
-.-' -- -:-1
---
-- 1
h ; -
• In
LUTHERAN CAMPUS COUNCIE OP IOWA CITY. IOWA
CHRISTUS HOUSE
ROBERT D. FOSTER. CAMPUS PASTOR
CHARLES E. EDISON. DIRECTOR -BUSINESS MANAGER
March 4, 1974.
Iowa City Council
Civic Center
Iowa City, Iowa 52240
Sirs_
PHONE (319) 398.7888
124 E. CHURCH STREET
IOWA CITY. IOWA 52240
On behalf of our CamDus Misistr.y Agency. I herebv request
that you consider changing the parkins regulations to allow
on -street parkinq on one (either) side of the lnO block of Cast
Church Street during Saturday and Sunday.
I understand that one reason for the current no narking
restriction on both sides is that the 100 block of East Church
is on a Cambus route and too congested with the buses running.
However, since the Cambus' do not run on Saturday -Sunday, could
not parking on one side he allowed? ;Je do have Saturdav and
Sunday activities and there is a parking shortage near here.
Your consideration in this matter is appreciated.
Thant: you kindly, I remain
Sincerely,
Rohert Foster
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THE PENNSYLVANIA HORTICULTURAL SOCIETY
325 Walnut Street • Philadelphia, Pa., 19106 • WAlnut 2-4801
March 11, 1974
Dear Mayor Czarnecki:
By now you have probably received a letter from Mayor Frank Rizzo introducing the
Pennsylvania Horticultural Society's Bicentennial project "10,000 Trees".
The Grove of Cities, to commemorate cities large and small across the nation who
have participated in the Bicentennial, is well under way. A five hundred acre
tract of land within Fairmount Park has been designated as the area for both
individual city groves and the Grove of Cities. The area is adjacent to the site
of the monumental outdoor exhibition which will be one of the focal points of
Philadelphia Bicentennial activity. 14hen residents of your city come to Phila-
delphia in 1976, to visit the historical birthplace of our nation's independence,
they will be certain to see their city's trees located in the oldest and largest
urban park in the nation.
You can participate in one of two ways. A grove of ten trees can be planted in
the city area which will be identified by a bronze plaque. The price for an
individual grove is $1500.00. The trees planted will be eight to ten feet tall.
A second option is to plant one or more trees ($150.00 per tree) in the Grove of
Cities. Your city would then be listed with other contributors on the grove's plaque.
All contributions will be listed in the Bicentennial archives.
After purchasing trees, the Horticultural Society will hold a ceremonial planting
that hopefully, you or a representative of your city could attend. This will help
make your citizens aware of the project.
I hope that you will take this opportunity to participate in the Bicentennial by
planting a lasting memorial that future generations will be able to enjoy in the
Tricentennial.
I have enclosed a brochure used in our public campaign which
questions you may have. may answer any further
I look forward to hearing from you soon.
Sincerely,
rnesta D. Ballarq
President
DATE: March 15, 1974
TO: Project Green
FROM: Iowa City City Council
RE:\ Letter from Pennsylvania Horticultural Society
At their regular meeting on March 12th, the Iowa City City
Council officially received the letter from Ernesta D. Ballard,
President, Pennsylvania Horticultural Society, concerning their
"10,000 Trees" Bicentennial project. The motion was adopted to
refer the letter to the Mayor, City Manager and Project Green
for report back to the Council.
A copy of the letter is attached.
MAYOR
EDGAR CZARNECKI
COUNCIIMEMBERS
C. 1. 7-- BRANDT
PENNY DAVIDSEN
CAROL d.PROSSE
I PATRICKWHITE
Mayor Edgar Czarnecki,
Members of the City Council
and the City Manager
Civic Center
Iowa City, Iowa 52240
Dear Councilmembers and Manager:
CIVIC CENTER. 410 E. WASHINGTON ST.
IOWA CITY, IOWA 52240
319 -354 -IBM
RAY S. WELLS. CITY MANAGER
March 11, 1974
At its regular meeting of February 21, 1974, the Iowa City
Riverfront Commission discussed the hiring of a professional
consultant to work on the Riverfront Plan. As a result of this
discussion, the following recommendation is being made to the
City Council:
In considering the charge of the consultant to be
hired for the development of a Riverfront Plan,
the Iowa City Riverfront Commission recommends that
the consultant be instructed that as a first priority,
consideration be given to preservation and improvement
of the Iowa River Corridor as an open space and green
area.
The Riverfront Commission asks that this recommendation act as
a goal in which the consultant perform his planning work.
Contained in the February 21, 1974, Commission minutes are the
tentative objectives adopted by the Commission in achieving
this goal.
Thank you.
MN:alo
Sincerely,
��,L/1,1�t�ltulzctl
Mary fdeuhauser
Chairperson
Iowa City Riverfront Commission
FIRST CHRISTIAN CHURCH
217 IOWA AVE. BOX 887 IOWA CITY. IOWA 82240 PHONE 337-4181
MINISTER:
ROBERT L. WELSH
ALL BELIEVERS IN CHRIST
March 12, 1974
The City Counci 1
Civic Center
Iowa City, Iowa 52240
Members of the City Council:
When the bid proposal for the redevelopment of downtown was received on
October 18, 1973, it stimulated a lot of discussion.
One of the parts of the proposal that was discussed at length on Novem-
ber 1 at the Church Board meeting of the First Christian Church pertained
to street closures. At that time, the Church Board voted to communicate
to the Council it's concern that the city not commit itself to the clos-
ure of Dubuque Street, between Iowa and Jefferson.
Prior to writing a letter to you, I gathered that this was outside of
the project area and was not a matter of contractural consideration.
Thus, I did not burden you with a piece of correspondence not perti-
nent to your considerations.
I was surprised on Monday, in reading Part I of the proposed contract,
to find reference to Dubuque between Washington and Jefferson.
I understand, upon inquiry, how this line got into the contract. I
would, however, request that it be deleted at this time, prior to
action authorizing the mayor to sign the contract with Old Capitol
Associates.
I trust no one will interpret or use this letter as disapproval or ap-
proval of the urban renewal plan by our Church Board. It is presented
in the spirit of concern, calling your attention to the wisdom of the
city taking into account traffic patterns effecting congregations in
downtown Iowa City.
It is in this spirit that I request the Council to delete Item 11,
Schedule E, page 3.
RLW:rew
Sincerely,
Robert L. Welsh
Minister
WHEREAS, the City of Iowa City, Iowa, acting as Local Public
Agency, has entered into a contract for loan and grant with the United
States of America for the implementation of an urban renewal project
known as Project No. Iowa R-14, and,
WHEREAS, the City of Iowa City has solicited redevelopment
proposals for project land in connection with said urban renewal project,
and,
WHEREAS, the City of Iowa City, Iowa, has received a redevelop-
ment proposal from Old Capitol Business Center Company, which redevelop-
ment proposal has been transferred pursuant to permission granted by the
City Council of Iowa City to Old Capitol Associates, a partnership consisting
of Old Capitol Business Center Company and Meadow Link, Incorporated,
and,
WHEREAS,_ the City Council of Iowa City, Iowa, has reviewed said
redevelopment proposal and has entered into negotiations with the redeveloper
and finds the redevelopment proposal to be consistent with the Urban Renewal
Plan and further finds that the adoption and acceptance of the proposal is in
the best interests of the public, and,
WHEREAS, a redevelopment contract between the City of Iowa City
and Old Capitol Associates has been negotiated.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
IOWA CITY, IOWA, acting as Local Public Agency and also acting in its
own capacity,
that the redevelopment proposal as
amended of
Old Capitol
Associates is
hereby approved and the Mayor and
City Clerk
are hereby
AYES: NAYS: ABSENT:
Brandt g
Czarnecki X
Davids en X
deProsse x
White x
Passed and approved this 12th day of March 1974.
ATTEST: /Jq
City Clerk
M
DATE: March 15, 1974
TO: Abbie Stolfus, City Clerk
FROM: John Hayek, City Attorney
RE: Resolution Accepting Old Capitol Associates Proposal
Abbie :
Attached please find retyped resolution which was passed at the
Council meeting on March 12.
John Hayek
JWH:vb
Attachment
RESOLUTION NO. 74-97
RESOLUTION ACCEPTING OLD CAPITOL ASSOCIATES
URBAN RENEWAL DEVELOPMENT PROPOSAL
AND AUTHORIZING EXECUTION OF CONTRACT
WHEREAS, the City of Iowa City, Iowa, acting as Local Public
Agency, has entered into a contract for loan and grant with the United
States of America for the implementation of an urban renewal project
known as Project No. Iowa R-14, and,
WHEREAS, the City of Iowa City has solicited redevelopment
proposals for project land in connection with said urban renewal project,
and,
WHEREAS, the City of Iowa City, Iowa, has received a redevelop-
ment
proposal from Old
Capitol Business Center Company,
which redevelop-
ment
proposal has been
transferred pursuant to permission
granted by the
City Council of Iowa City to Old Capitol Associates, a partnership consisting
of Old Capitol Business Center Company and Meadow Link, Incorporated,
and,
WHEREAS, the City Council of Iowa City, Iowa, has reviewed said
redevelopment proposal. and
has entered
into negotiations with
the redeveloper
and finds the redevelopment
proposal to
be consistent with the
Urban Renewal
Plan and further finds that the adoption and acceptance of the proposal is in
the best interests of the public, and,
WHEREAS, a redevelopment contract between the City of Iowa City
and Old Capitol Associates has been negotiated.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
IOWA CITY, IOWA, acting as Local Public Agency and also acting in its
ah,e�a�. c��d d��d
own capacity, that the redevelopment proposal0 ^of Old Capitol Associates
is hereby approved and the Mayor and City Clerk are hereby authorized
and directed to execute on behalf of the City of Iowa City the redevelopment
contract between the City of Iowa City and Old Capitol Associates.
It was moved by gran qt- and seconded by _j,7hite
that the resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt X
Czarnecki X
Davidsen X
deProsse
X
White x
Passed and approved this 12th day of March 1974.
t�
Mayor
ATTEST: �j , &�
City Clerk
5
ORDINANCE NO. 7743
AN ORDINANCE ESTABLISHING A PLANNED
AREA DEVELOPMENT IN IOWA CITY, IOWA
BE IT ENACTED BY THE CITY COUNCIL OF
IOWA CITY, IOWA
SECTION I PURPOSE. The purpose of this Ordinance is to
approve a planned area development in the City of Iowa City, Iowa,
pursuant to Ordinance No. 2446.
to -wit:
SECTION II APPROVAL. The following described property,
Beginning at the S.W. corner, of Lot 40, Part One,
Macbride Addition to Iowa City, Iowa; said point
of beginning being N 880 34' 22" W, 185.00 feet
and N 00 53' 56" E, 273.86 feet from the S.W. cor-
ner N.W,k, N.E.'k, Section 17, T79N, R6W, of the
5th P.M.; thence S 00 53' 56" W, 249.30 feet on
the West line of said Part One, Macbride Addition;
thence Northeasterly 125.03 feet on a 100.00 foot
radius nontangent curve concave Northwesterly;
thence_N 150 38' 56" E, 113.68 feet; thence Northerly
66.23 feet on a 475.00 foot radius tangent curve
concave Westerly; thence N 890 06' 04" W, 131.69
feet.to the point of beginning; Johnson County, Iowa;
a resubdivision of a certain portion of the open
space -in Part One, Macbride Addition, an Addition
to the City of Iowa City, Iowa,
is hereby approved as a planned area development in the City of
Iowa City, Iowa, to be developed as set forth in the plans for
said area filed in the Office of the City Clerk of Iowa City, Iowa,
on the 4th day of February s 1974.
SECTION III BUILDING PERMITS. The Building Inspector is
hereby authorized and directed to issue all building and construc-
tion permits for said area on the basis of conformance with said
plan.
SECTION IV FILING. The City Clerk is hereby authorized
and directed to file with the Office of the County Recorder,
Johnson County, Iowa, a copy of this Ordinance after its final
passage, approval and publication as provided by law.
SECTION V EFFECTIVE DATE. This Ordinance shall be in ef-
fect after its final passage, approval and publication as required
by law.
It was moved by Brandt-- and seconded by
Davidsen that the Ordinance as read be adopted,
and upon roll call there were:
AYES: NAYES :
X
X
X
Attest:
c6zz J
Abbie�Stolfus, Ciol Clerk
1st Reading 6- 7q 1• o
2nd Reading ,� - - -7Sc o .
3rd Reading - / ? - 7� 7-6
1974.
ABSENT:
X
zar
i,
Brandt
White
Davidsen
deProsse
Czarnecki
yor
I
Passed and approved this 12t1, day of Mar .h A.D. 91
STATE OF IOWA, COUNTY OF JOHNSON: ss
I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby
certify that the above and foregoing is a true and exact copy of an
Ordinance passed by the City Council of Iowa City, Iowa, at a regu-
lar meeting held on the 12th day of March 1974, all as
the same appears of record in -my office.
1974. Dated at Iowa City, Iowa, this 12th day of March ,
.y
bie Stolfus, City
ORDINANCE NO. 74-2704
AN ORDINANCE ESTABLISHING A PLANNED
AREA DEVELOPMENT IN IOWA CITY, IOWA
BE IT ENACTED BY THE CITY COUNCIL OF
IOWA CITY, -IOWA
SECTION I PURPOSE. The purpose of this Ordinance is to
approve a planned area development in the City of Iowa City, Iowa,
pursuant to Ordinance No. 2446.
to -wit:
SECTION II APPROVAL. The following described property,
Part Two, Macbride Addition, an Addition to
Iowa City, Iowa,
is hereby approved as a planned area development in the City of
Iowa City, Iowa, to be developed as set forth in the plans for
said area filed in the Office of the City Clerk of Iowa City, Iowa,
on the 14th day of
January 1974.
SECTION III BUILDING PERMITS. The Building Inspector
is hereby authorized and directed to issue all building and con-
struction permits for said area on the basis of conformance with
said plan.
SECTION IV FILING. The City Clerk is hereby authorized
and directed to file with the Office of the County Recorder,
Johnson County, Iowa, a copy of this Ordinance after its final
passage, approval and publication as provided by law.
SECTION V EFFECTIVE DATE. This Ordinance shall be in
effect after its final passage, approval and publication as required
by law.
Ordinance No. 74-2704 - Page 2
It was moved by Brandt and seconded by
Davidsen that the Ordinance as read be adopted,
and upon roll call there were:
AYES:
X
X
X
X
Attest:
Abbie Stolfus, Ci&ty Clerk
ABSENT
Brandt
White
Davidsen
deProsse
Czarnecki
neck i, Mayor
1st
Reading
- (, - 7�
7-0._
2nd
Reading
a - 5- 7Z/
To
3rd
Reading
3 - /Z� - 7V
i c�
Passed and approved this 12th day of March I A.D.,
1974.
STATE OF IOWA, COUNTY OF JOHNSON: ss
I, Abbie Stolfus, City Clerk of Iowa City, Iowa, do hereby
certify that the above and foregoing is a true and exact copy of an
Ordinance passed by the City Council of Iowa City, Iowa, at a regu-
lar meeting held on the i?th day of Ma1-=h , 19749 all as
the same appears of record in my office.
Dated at Iowa City, Iowa, this 12th day of March 1974
1974.
6)ZIzej,,
Abbie Stolfus, C
C'
C
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
Section 1. The property described below is hereby reclassified from
its present classification of RIA and the boundaries
of Ai I as indicated upon the Zoning Map
of the City of Iowa City, Iowa, shall be enlarged to include the follow-
ing property, to -wit:
The North 11.25 acres of that part of Lot 1, of Charles Subdivision of
Lots 5 and 6 of Section 22, Township 79 North, Range 6 West of the Fifth
Principal Meridan (and other lands) lying and being South and East of the
right of way of the B.C.R. & N. Railway, and also all that part of Lot 7
of said Section 22, which lies South and East of the right of way of said
railroad, containing 2 acres, said last tract being the same tract conveyed
by Jacob Y. Stover and wife to D. H. McDonald, by deed recorded in bood 58,
page 446, of the Deed Records of Johnson County, Iowa, and reference is had
to said deed for a more particular description of said tract.
(Requested by Streb-National By -Products)
Section 2. The building inspector is hereby authorized and directed
to change the Zoning Map of the City of Iowa City, Iowa, to conform to
this amendment upon the final passage, approval and publication of this
Ordinance as provided by law.
Section 3. The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance to the County Recorder of Johnson
County, Iowa, upon final passage, approval and publication as provided
by law.
It was moved by and seconded by that i
the Ordinance be adopted and upon roll call there were: Y� /
AYES: NAYS: ABSENT:
Brandt
Czarnecki
David sen rr
deProsse
White
Mayor
ATTEST: First Reading 3 -� - 7L4 TO
City Clerk Second Reading�33S — 7 y T,o
Third Reading ,i - I L- 'I41 Tc.
RESOLUTION NU.- 74-9R
RESOLUTION ESTABLISHING STOP SIGNS AT CERTAIN DESIG-
NATED INTERSECTIONS AND REMOVING STOP SIGNS AT CERTAIN
DESIGNATED INTERSECTIONS IN IOWA CITY, IOWA
WHEREAS, the Ordinances of the City of Iowa City, Iowa,
provide that the City Council may establish or remove stop
signs at designated intersections in Iowa City, Iowa, by Resolu-
tion, after determination that -it is in the public interest
to establish or remove said stop signs, and
WHEREAS, the City Council of Iowa
mined that it is in the public interest
at the following intersections:
1) Capitol and Court St.
2) Clinton and Court St.
3) Dubuque and Court St
City, Iowa, has deter -
to establish stop signs
WHEREAS, the City Council of Iowa City, Iowa, has deter-
mined that it is in the public interest to remove stop signs
at the following intersections:
NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA, as follows:
A) That stop signs are hereby established at the following
intersections: 1) to stop north and south bound traffic on Capitol
and Court, 2) to stop north and south bound traffic on Clinton and Court,
3) to stop north and south bound traffic on Dubuque and Court.
B) That stop signs are hereby removed at the following
intersections:
C) That the City Manager is hereby authorized and directed
to have appropriate signs installed to effectuate
the provisions of this Resolution. It is anticipated that
this stop sign orientation will revert back to the existing orientation after
the construction is complete on Burlington Street.
It was moved by arandt and seconded b
that the Resolution as read be adopted, and upon roll+P
cal there were:
AYES: NAYS: ABSENT:
x Brandt
X 1CUiXK&W Davidsen
X Czarnecki
X$@�( deProsse
X White
Passed and approved this
ATTEST:
City Clerk
12th day of March F 19 74
& S ITE
A R-14
ITY-UNIVERSITY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That the contract and bond executed by C- :,.,S, Ehinger Company
of Kansas City, Missouri dated December 11 , 19 73,
for the rbc demolition and site clearance City -University Project
R-14, Contract #3.
within the City of Iowa City, Iowa, as described in the plans and specifica-
tions and which have been signed by the Mayor and City Clerk on behalf of the
City of Iowa City, Iowa be and the same are hereby approved.
It was moved by grandt and seconded by Whi tP
that the resolution as read be adopted, and upon roll call there were:
Brandt
Camnall deProsse
Czarnecki
=7773.49F-0701 -
AYES:
X_
White X
NAYS: ABSENT:
Passed and approved this 12th day of March , 19 74 .
ATTEST:
City Clerk
' rr
THIS AGREEA1ENT made this f 'y day of
tween (;'. S t- 1 03 73 Ly and be -
(An individual trading as
hereinarter called the "CONTRACTOR" and the C{.TY O IO'dA CITY, IOr::A
ho rein_,; ter called the "LOCAL PUBLIC AGENCY", or "LPA" or the "CIT'r" :•11T?:ES�ETN, that
the Contractor and the Local Public Agency for the consideration stated herein, mutual-
ly agree as follows: '
ARTICLE 1, STATEMENT OF WORK. The contractor shall furnish all upervision, techni-
cal personnel, labor, materials, machinery, -cols, equipment :; ervices, including
utility and transportation and security services and perte - and complete all I,Jork
required for the demolition and site clearance in an nr and workmanlike man-
ner, as follo:•rs:
Add l - ' I:o .
_ e„c:r�
Add•cnda t;o.
Dated
Dated
ail as prepared b - -
P y Shive-Hatter," ,later, Consulting Engineers, acting, and in
these contract documents for der.,
d sire clearance, referred to as the Elgi-
hecr.
THE CONTRACT PRICE. The Lu,—`, Pub] is Agency wi 1 i - e
carne:=t funds 1 p-,) -h or i rac c- i n
subject to additions an -4 :seductions as provided in the �cction 10'7,
Ch»g`:s in the Work under GENERAL CONDITIONS, PART L, and subject -o all other condi-
tiions sct �forth in the contract documents, the sum of
�__c7!/L`�%'�,.�1i /ff/PTY S� �• � .�p�
a- t,��[.� } i n addition to and above the value Of such s ' v^ ,-; a _
S'�c:C111C:d CG DeCGme n c i cCC� m_,^rials -
' the property of the Contractor, and in accord. -,-,Ce with tf.e i TE:'
b'NIT PF,ICr: DID SCHEDULE submitted with the Contractor's bid. I�tD
ARTICLE 3, CONTRACT. The executed contract documents shall consist of the follo:sing:
A-1
:a
A
MR
—_
' i!f'�
Tr C� C'�-�� --
iti////r=�P.S
T `•� �
�
,� _�f..n/C•�
�L
Lr Y
all in strict accordance
iNc-ludinq all Addenda thereto
with the contras t
documents
for
—"
;,,on and site clearance,
numbered and
dated:
AJ Ic::'a ido.'i
z
Dated%�
.' % ' n -r
Add:_clda No.f/
„
Dated
/
Add l - ' I:o .
_ e„c:r�
Add•cnda t;o.
Dated
Dated
ail as prepared b - -
P y Shive-Hatter," ,later, Consulting Engineers, acting, and in
these contract documents for der.,
d sire clearance, referred to as the Elgi-
hecr.
THE CONTRACT PRICE. The Lu,—`, Pub] is Agency wi 1 i - e
carne:=t funds 1 p-,) -h or i rac c- i n
subject to additions an -4 :seductions as provided in the �cction 10'7,
Ch»g`:s in the Work under GENERAL CONDITIONS, PART L, and subject -o all other condi-
tiions sct �forth in the contract documents, the sum of
�__c7!/L`�%'�,.�1i /ff/PTY S� �• � .�p�
a- t,��[.� } i n addition to and above the value Of such s ' v^ ,-; a _
S'�c:C111C:d CG DeCGme n c i cCC� m_,^rials -
' the property of the Contractor, and in accord. -,-,Ce with tf.e i TE:'
b'NIT PF,ICr: DID SCHEDULE submitted with the Contractor's bid. I�tD
ARTICLE 3, CONTRACT. The executed contract documents shall consist of the follo:sing:
A-1
:a
A
MR
a.-
This zgreement
f.
General conditions, Parts 1,
b_-
Addcnda
11 and III
C.
;nvitation for Bids and
9-
Special Conditions
Notice of Public Hearing.
h.
Special Provisions to tie
d.
In=structions to Bidders
Technical specirications
e-
Signed copy of Bid
i.
Technical Specific,itions
j.
Drawings (as listed in the
_
SChedUle of DratJrngs)
THIS AGREEMENT, together with the other documents enumerated . i n this Article 3, ;:iZ i ch
said ogler documents are as fully a part of the contract as if hereto attached or here-
in repeated, forms the contract between the parties hereto.
Provision in any co•.Dponent art of ��, In the event that any
this contract con�liets trrith any provision of an
other corponent part, the provision of the component Y
Article ) shall govern except as other:ise specificallyrstat-edt enumerated in this
IN11ITNESS WHEREOF, the parties hereto have caused t
F,l=_>>_ ex
original copies of the day and year his
afirs1teabove be
e CU ted in
ATTEST:
(For individual
r
Kansas City,lMissouri 64127
(City and State)
Ccrtii' c rte_= (for Corpor at ions)
of Li,e certify -F•ir.
Corporation named as Contrac�_.
t•/ilo signed this a ree _''��'�'" •r' mat
g rn^nt on beha'` the Cin —
_ r :gas then __
of said Com-,— o�-that said Agreement
ba,c:if of said r �;._ igr,_d for and i,.
r on b���
S tr��= ` Y author i ty of its govern i ng body, � r::•
'- sl�3 corporate paler,,, �'-i th i n the.
C
r •'
ATTEST:
C�I t y C Irc- r=i;
Fon; Approve
At orney
CITY -Dr IOWATYsIOWA
I
May6,r l/
i"iPE THE I;':;IES .!NDEir;EAi;i ALL SIGt;AT
UP ES )
A-2
1
I
L
CON'T C.—FO?, t S BAND
;�
Y,I;:; h1_1_ h!i=tt 3Y TFIcsP
That :le, C. S. -hin: =r r
(naille. o'i contractor
and COLIERC?Ai LLIIOv INSURANCE COATt?,Ny
Bor_d io. Ci: -71134-05
cl S
s(name of Corporate surety) `Is
lrrct;' zre held and fir ly bound unto the City, .or lo`:!a City, lora, and
t:ho be i n` to all Persons
/ injured d by any brach of any of the conditions of this bond
sc:rl $_:i" : _
i%i _ .. .`:,p'I 1�iyIij an.i 1 np i-! ., err. . In the �E-n�l
hi _ un re- 'fr, i rty Seven an;! ;G/ I Cr
($ L" ' Uo11ar's
�'� ! : i ac; F u l ..:c71e` o f the
/ United States for the pays; nt of �•;hich u:c
ar.,ll aha truly to be lade, we bind ourselves, our heirs, le al
assic;ns, jointly anti severally, firmly by these � g representatives and
p. es_nts.
the conditions of ti:e above obligations are such that h -here. the said
-- __--_
C.S. Ehi nae
(Pane cf contractor) ----
eniered it?to a contract for Demolition and
? _ Site Clearance r_ t ,
.'. i'•`�r-." irOj C:.t, ;O!•Ia S-1'-` • , Ont l'dC_ I`i hilbPr
( �,-io�ra Cit'y', lova with the City of Io:a Cit
U:'d?".!i;j t�1i] .j c•lP UP Y,
1 9_73 , '-!he rein said C.S Ehh r.,-
Tr
r rn 7rsrle o;^ e.:n
ur.c.c :i agrees to d nlolish t —
cer a;n building: and srructur,'-s loc=tc_
; t � 1 r rl. � ! c?�. i �+C � 7 J L'^•.il: Com. r._
n_. c1car, fill arta/or Clcan said real C.State in Sulam
f.:
: Vii, F+IIu LU fiJi Lhf Ully perform all thcs terms and regUirements of salil CG�tI'a'f.
there I n spec 1 f 1 ed 1 n a goo -i and l:'?rl;m8n I I I:e rric:nner, u!Id I f? JCC•_`:'CIdnC^
":`tt iii': JldnS ?(Id specifications attaCh2a1.-0..sal.'I, CU:itrFiCt alid ❑lilr;- a part lllerE.Oi.
it Is expressly unJerstood and aclroed by -lie principal anO sUrety' in this bend
1l't'a!1'`Jrlio:li4g pro.'isions are a part of this bond c:nd are bidding upon said rind-
- /, to -'.ii
t.
That principal and sureties on this bond 'hereby agreE. to pay all Der -
firms OI' Corporations having Contracts directly bll Lil the principal
0:' 1'!i- h subc,�ntractor-s, all just Claims due them for labor performed or
r+::aerials Furnished, in the performance of the contract on account of 1•lhich
this bond is given, %-!hen the same are not satisfied out of t'ite portion of
the contract price i -Mich the public corporation is required to retain ust-
t`1 co;::pleticn of the Public improvenent, but the principal and Sureties
`hall not be liable to said persons, firms or corporations unless the claims
or said claimants against said portion of the contract price shall have
Lrcn establish—ad as provided by lai`r.11
2. "Every surety on this bond shall be deemed and held, any contrect to
contrary r,ob..!ithstandirig, to consent .•lithOUt notice_
(A To any_cxicnsion of time to the contractor in which to per-
form th0 Ccrtract.
_ { � I
+, �� C!:ad CC-' in the Plans,flCc'.LIMIS, Or C.OrltrDCt,
�%�'_... rtot
C'1"lir I n`JOl VO 7n 1 nC'C -
r r se of i. --o ii.%?n tb:!'i?t)'-i-l`!;:
yule `Oe: F): .^. t1':�C't ,GrICe,.. c'.rid Shall t1h c f)J rCll.-lb 'l
i
i
.li
to °.Lich Ci.(C!;.e.c.
(C). "That no provision of this bond or of any contract shall
be valid which limits to less than one year from the time of
the acceptance of the tirork the right to sue on this bond for
defects in %-.orkmanship or material not discovered or knct•:n to
the obligee at the time such work was accepted."
110'a fHt'EFODE, t:1 condition of this Obligation is such that if the said
principal shall faithr"U'lly perform the contract on his part, and strictly comply
v:ith all requirements of said contract and all
re-
pairs of ' laws respecting maintenance and re -
j public i.provem.ants, street improvements and set•.ers, and satisfy all
claims E:nd dem,.ands incurred for the same and shall fully indemnify and save harm-
less the City of IOV'a City from all cost and damages which it may suffer by reason,
Or failure so to do, and shal] fully reimburse and repay the City of lora City all
ea lay and expense t•:hich it may incur in making good any such default, and shall
pay all persons who have contracts directly with the principal or subcontractors
for labor or materials, and said principal and surety shall keep and perform all
of the terms and conditions of said contract to be kept and performed by said
p.-ir.cip-1, then this obligation shall be null and void, otheniise it shall remain
in full force and effect.
Failure to specify or particularize shall not exclude terms or provisions
not :rentioncd and shall not Iimit liability.hereunder.
The contract is hereby made a part of this bond.
l/ITNESS our hands in duplicate this 17th d3y of December
19. 73
Princ
By,
Surety
(11
1J .i.
;en.orney
U
of Surety
CO?•L,I_EECIAL
UR11i;CE CO�iP;�L-Nfy
act
5
RESOLUTION NO. 74-1 0 0
RESOLUTION AUTHORIZING AMENDMENT TO CONTRACT
DEMOLITION & SITE CLEARANCE CITY -UNIVERSITY
PROJECT R-14, CONTRACT #3
WHEREAS, the City of Iowa City has awarded a contract to
C. S. Ehin er Company,Kansas City, Missouri
said contract entered into on December 11 1973
and,
WHEREAS, it is deemed thatcertainchanges in the plans and
specifications are necessary due to construction changes.
NOW -THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA:
1. That the contract dated 12/11/ 73
the City of Iowa City and C. S Ehinger Comoanv the into by
for the construction of Demolition & Site Clearance Cit-Universit
Project R-14, Contract #3
as follows:
Add Parcels 84-1 and 84-2 to this contract at a cost of
$4,780.00.
2. That the Mayor and City Clerk are hereby authorized and directed
to execute an amendment to said contract incorporating the above amendments.
It was moved by Brandt and seconded by Davids n that the
resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X CMZ% Davidsen
X Czarnecki
X KtXkKXX deProsse
White
Passed and approved this 12th day of
ATIEST:
C
1974
Mayor
■
_ 1 _
SHULMAN;'PHELAN, TucRER, HO
s ATTORNEYS /►T L:&w
LOUIS SHULMAN _ +b -.
WILLIAM V. PHELAN .�B REMER`H UILOING
WILLIAM M.YUERER Pr 0. Box. 1291 -
DANIEL W. BOVLE - IOWA cliv,-IOWA 52240
CHARLES A. MULLEN
YLE & MULLEN
STEPHEN F. 13RIGHT
enucE L.wALRgR March 12, 1974
City Council -'of the
City of. jowa City, Iowa
Civic Center.
Iowa City, Iowa ,5;2240
Dear Councilpersons:
At your, -meeting this evening, March 12, 1974, you
will be considering -_.the letting;ofa contract for the
demolition of the building housing"the Burger Chef
restaurant at the intersection`of Clinton and Washington
Streets. This `firm rep.1.._1sents Hamburger, Incorporated,
the -operator "of Burger ,Chef.
The purpose of this 'letter '.i -s- to request that any
action pertaining t0 -the demolition of the building in
question,be deferred.until_.after the bond referendum
election on March 28, 1974... The. reasons for this- are
many;` but, the' primary reason is `that our clients have
been unable to find a suitable relocation for their
business, `_and an immediate loss of ;their existing place
of business would work a°substant"ial financial hardship.
In additi:on,since.the result;.of the election to be
held on the 28th will indicate whether the City will be
able to proceed with the presentlyproposedUrban Renewal
Plan, it.wouT:d appear that it::would not be unreasonable
to wait until following that election to demolish any
addiiional.bu ldings.
.Our clients are presently paying the City in excess
of $850.00_per,monthl.rent and their business supports
several I employees.•,Again', when consideration is given
to the livelihood of: the employeesnvolved, it would
appear not'- to. -be an''unreasonable:r.enuest that the
demolition of the building and resulting termination of
the business be`delayed.
1: _
T I:LEPMONC
337--141
(AREA CODE 319)
We have been informed.by Mr. Klaus that there would be
some savings to the City if -the demolition of the Burger
Chef building was done at the same time as the buildings on
each side. However, our 'client is willing, if the City
Council should see fit to delay the demolition, to pay
any difference in the cost involved.
In view_of the financial hardships involved, we
strongly urge the Council to delay this demolition, and
make a final determination following the March 28th vote.
If the vote is `successful, our client is willing to make
a speedy vacation of the premises if the City at that time
desires to go ahead with demolition.
Thank you for your consideration of this matter.
Very truly yours,
Daniel W. Boyle
DwB:sz
cc: Mr. Ben Schwartz � L E
D
MAR 1 2197 D
4
ABBIE STOLFUS
CITY CLERK
i
RESOLUTION_ NO. 74-101
RESOLUTION APPROVING SPECIFICATIONS AND NOTICE
TO BIDDERS, FIXING AMOUNT OF BIDDER'S CHECK
AND ORDERING CITY CLERK TO PUBLISH NOTICE TO
BIDDERS AND FIXING A DATE FOR RECEIVING SAME
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
That Two (2) New and Unused 24,000 lb. GVW Truck Chassis with Dump
Body and Hydraulic Hoist. Trade-in of two (2) 1970 Ford F-600 Dump Trucks,
City Equipment Nos. 203 and 209.
BE IT FURTHER RESOLVED that the specifications, as prepared by
Jim Brachtel, Admin. Engineer
of Department of Public Works
and the form of contract and Notice to Bidders, as prepared by the
City Attorney, be and the same are hereby approved; and are hereby
ordered placed on file in the office of the City Clerk for public
inspection.
BE IT FURTHER RESOLVED that the amount of the check to accompany
each bid shall be equal to five (5) per cent of the bid of each bidder.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to
advertise for bids on said equipment
by the City of Iowa City, Iowa, at the office of the City sClerk to einetheved
Civic Center until 10:00 a.m. (CDT) on the 18thday
of April, 1974 and opened then, and thereupon referred to the City
Council for action upon said bids at a meeting to be held at the Council
Chambers, Civic Center, Iowa City, Iowa, on the 23rd day of April
1974, Notice to Bidders is to be published once each
week for two consecutive weeks in the Iowa City Press Citizen, a legal
newspaper, printed wholly in the English language, the first publication
to be not less than fifteen clear days prior to the date fixed for said
letting.
It was moved by White_ Brandt
and Resolution as read be adopted, and upon rollncallded btherre�were: a that the
AYES: NAYS: ABSENT:
—X
x
—_X
— X
X
Brandt
NIX Davidsen
Czarnecki
8MWfXX&( deProsse
White
Passed and approved this 12th day of
ATTEST:
City Clerk
March
aA
AUTHORIZING ESTABLISHMENT OF A TEMPORARY FOUR (4) TON LOAD LIMIT ON
MORMON TREK FROM BENTON STREET SOUTH TO THE CITY LIMITS AND ON
ROHRET ROAD WEST FROM MORMON TREK TO THE CITY LIMITS.
WHEREAS, Chapter 321.471 Code of Iowa, 1973 provides that
local authorities may by resolution with respect to highways under
their jurisdiction impose restrictions as to the weight of vehicles
to be operated upon any such highway, for a total of not to exceed
ninety days on any one calendar year, wherever any said highway by
reason of deterioration, rain, snow, or other climatic conditions
will be seriously damaged or destroyed unless the use of said
vehicle thereon is prohibited or the permissable weights thereof
reduced.
WHEREAS, the present thawing conditions in conjunction with
heavy truck traffic are causing serious damage to Mormom Trek from
Benton Street south to the City Limits and on Rohret Road west from
Mormon Trek to the City Limits.
WHEREAS, a temporary four (4) ton limit for forty-five (45)
days would protect the road surface from further damage.
WHEREAS, school buses should -be excluded from the four (4)
ton embargo since they do not create extensive damage as do other
heavy vehicles.
WHEREAS, the County Engineer concurs on the embargo for
roads connecting under his jurisdiction.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF IOWA CITY, IOWA:
1) A four (4) ton load limit remain in effect for forty-five
(45) days from March 12, 1974 on Mormon Trek from
Benton Street south to the City Limits and on Rohret Road
west from Mormon Trek to the City Limits.
2) Said load limit shall not apply to school buses.
It is moved by Brandt and seconded by White
that the Resolution as read be adopted, and upon roll call there were:
AYES: NAYS: ABSENT:
X Brandt
X Czarnecki
% Davidson
X deProsse
X White
ATTEST : &LL j�-
CITY CLERK
Passed and approved this 12th day of Marc
1974.
0
Ms. Abbie Stolfus
- City Clerk
City Hall
Iowa City, Iowa
Cedar Rapids, Iowa
FEB 14 19M
Attached are five copies of Iowa State Highway Commission
application for use of highway right-of-way. Will you and your
city council please review the attached copies. If you concur
in our proposal, please sign and forward to the highway commission
in the enclosed envelope.
If you have any questions, please call me collect at 398-9274.
H. W. Hall
Engineer
Ali l/l t --Gid- /
'r,{'E
�c u,G Gct%-/ "�la /% Q"c' i') 4 " Gui
Ho Y
N.r -4
?�
Arc 11147A
�--?
U y C
Est. #W1179
and wiil.be located as shown on the detailed plat attached hereto.
AGREEMENTS': The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee)
agrees that the following stipulations shall govern under this permit.
L. The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the current
Iowa State Highway Commission Utility Accommodation Policy.
2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regula-
tions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and regula-
tions of the Iowa State Highway Commission, and any other laws or regulations applicable.
3. The Permittee shall be fully responsible for any future adjustments of its facilities within tile established highway right of way caused
by highway construction or maintenance operations.
4. The Iowa State Highway Commission shall give the Permittee at least 48 hours written notice of any proposed construction or maintenance
work, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the Permitteo, is order that
the Permittee may arrange to protect its facilities.
5. The State of Iowa and the Iowa State Highway Commission assume no responsibility for damages to the Permittee's property occasioned by
any construction or maintenance operations on said highway.
6. The Permittee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard
the lives and property or the traveling public and adjacent property owners.
7. The Permittee agrees to give the State Highway Commission forty-eight hours' notice of its intention to start construction on the highway
right-of-way. Said notice shall be made in writing to the Engineer whose name is shown below.
8. The Permittee agrees to at all times give the Iowa State Highway Commission timely notice of intention to perform routine maintenance
within the right-of-way. Said notice shall be to the Engineer whose name is shown below.
9. The Permittee, and its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety
of the public. Traffic protection shall be In accordance with Part VI of the current Iowa State Highway Commission Manual on unifoml
Traffic Controls.
Highway Commission personnel may supervise flagging operations where considered necessary by the Engineer. The original r.
monl of sicns xnd removal on Completion of the. work shall be accomplished by the (Permittee) (Highway Commission),
(croon out one)
Application for use: of:
LI..7� i
Highway,$ight-of:Way or
Utilities Accommodation .:,
Permit No.
Applicant,: Northwestern
Bell Telephone Company
(Name of Owner)
1035 3rd Ave
S. E. Cedar Rapids, Iowa 52401
(Address) I
(City)
(State)
(Zip Code)
Iowa State Highway Commission
Ames, Iowa
Gentlemen':
Approval is hereby requested
for the use of Primary Highway one
in Sec.
(Number)
T R
Johnson County
,trey
city of Iowa City
(Direction)
(Place, Town, Etc.)
at Highway Station(s) No.
for the accommodation
of buried cable
' line for the transmission of voice
` The installation shall consist of
trenching, nlaciM cable in trench
and back filling trench
It
(Detailed Description)
also includes boring under the street.
Est. #W1179
and wiil.be located as shown on the detailed plat attached hereto.
AGREEMENTS': The utility company, corporation, applicant, permittee, or licensee, (hereinafter referred to as the Permittee)
agrees that the following stipulations shall govern under this permit.
L. The location, construction and maintenance of the utility installation covered by this application shall be in accordance with the current
Iowa State Highway Commission Utility Accommodation Policy.
2. The installation shall meet the requirements of local municipal, county, state, and federal laws, franchise rules, and regulations, regula-
tions and directives of the Iowa State Commerce Commission, Utilities Division, the Iowa State Department of Health, all rules and regula-
tions of the Iowa State Highway Commission, and any other laws or regulations applicable.
3. The Permittee shall be fully responsible for any future adjustments of its facilities within tile established highway right of way caused
by highway construction or maintenance operations.
4. The Iowa State Highway Commission shall give the Permittee at least 48 hours written notice of any proposed construction or maintenance
work, on either existing or newly acquired right-of-way, that is likely to conflict with the installation belonging to the Permitteo, is order that
the Permittee may arrange to protect its facilities.
5. The State of Iowa and the Iowa State Highway Commission assume no responsibility for damages to the Permittee's property occasioned by
any construction or maintenance operations on said highway.
6. The Permittee shall take all reasonable precaution during the construction and maintenance of said installation to protect and safeguard
the lives and property or the traveling public and adjacent property owners.
7. The Permittee agrees to give the State Highway Commission forty-eight hours' notice of its intention to start construction on the highway
right-of-way. Said notice shall be made in writing to the Engineer whose name is shown below.
8. The Permittee agrees to at all times give the Iowa State Highway Commission timely notice of intention to perform routine maintenance
within the right-of-way. Said notice shall be to the Engineer whose name is shown below.
9. The Permittee, and its contractors, shall carry on the construction or repair of the accommodated utility with serious regard to the safety
of the public. Traffic protection shall be In accordance with Part VI of the current Iowa State Highway Commission Manual on unifoml
Traffic Controls.
Highway Commission personnel may supervise flagging operations where considered necessary by the Engineer. The original r.
monl of sicns xnd removal on Completion of the. work shall be accomplished by the (Permittee) (Highway Commission),
(croon out one)
10. Operations in the construction and maintenance of said utility installation shall be carried on in such a manner as to cause a minimum
- of•intorference to or distraction of traffic on said highway.
1_
- 11. The Permittee shall be responsible for any damage that may result to said highway because of the construction operation, or maintenance
of said utility, and shall reimburse the State of Iowa or the Iowa State Highway Commission for any expenditure that the State of Iowa or the
Iowa State Highway Commission may have to make on said highway because of said Permittee's utility having been constructed, operated,
and maintained thereon.
12. The Permittee shall indemnify and save harmless the State of Iowa and the Iowa State Highway Commission from any and all causes of
action, suits at law or in equity, or losses, damages, claims, or demands, land from any and all'lfabilfty aitd expense of whatsoever nature for,
on account of, or due to the acts or omissions of said Permittee's officers, members, agents, representatives, contractors, employees or
assigns arising out of or in connection with its (or their) use or occupancy of the public highway under this permit.
13. Non-compliance with any of the terms of the Highway Commission policy, permit, or agreement, may be considered cause for shut -down
of operations or withholding of relocation reimbursement until compliance is assured, or revocation of the permit. The cost of any work caused
to be performed by the State in removal of non -complying construction will be assessed against the Permittee.
14. A copy of the approved permit shall be available on the job site at all times for examination by Highway officials.
\\1 The following special requirements will apply to this. permit:
IRECOMMENDATIONS'
Recommended for Approval':
Resident Engineer
District Engineer
Date
Date
APPLICANT:`
Northwestern Sell Telephone Company _
Name of Owner
BY � "—�. C '
Name (signature) 11. W. Hall
Address 1035 3rd Ave S. E.
Date Frr R 1 4 1 C14
Title Engineer
APPROVAL OF CITY OR TOWN
(If proposed line is within an incorporated town or city, the Council of said town or city must grant approval for installation).
"The undersigned city or town joins in the grants embodied in the above permit executed by the Iowa State Highway
Commission on condition that all of the covenants and undertakings therein running to the Iowa State Highway Commission
shall inure to the benefit of the undersigned city or town and said permit is approved by the council of such city or town at a
legally constituted meeting of the city council thereof held on / .1
Z, Z5) 7L By
City Clerk
Date
,r
APPROVAL OF IOWA STATE HIGHWAY COMMISSION I APPROVAL OF FEDERAL HIGHWAY ADMINISTRATION
I By I By
Asst. Maintenance Engineer
Date
Date
District Engineer
' Notice of intention to start construction on the highway right-of-way shall be sent to:
Engineer Address Telephone
Notice of intention to start maintenance on the highway right-of-way shall be sent to:
Engineer Address Telephone
5 copies of this application will be required for installations on primary mads. 6 copies will be required for installation on Interstate
highways or for primary road extensions.
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RESOLUTION ACCEPTING WORK AND ORDERING PREPARATION OF PLAN
AND SCHEDULE OF ASSESSMENTS FOR THE1973 SIDEWALK ASSESSMENT
PROGRAM
WHEREAS, the Municipality of Iowa City, Iowa, entered into
contract with Wolf Construction, Inc. for the con-
struction of the 1973 Sidewalk Assessment Program within the
Municipality of Iowa City, Iowa, and,
WHEREAS, said Contractor has fully completed the construc-
tion of said improvements, known as the 1973 Sidewalk Assessment Prog.
in accordance with the terms and conditions of said contract
and plans and specifications as shown by the certificate of
the Engineer filed with the Clerk on
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF IOWA CITY, IOWA:
That said report of the Engineer be and the same is hereby
approved and adopted and said improvements are hereby approved
and accepted as having been fully completed in accordance with
the said plans, specifications and contract, and the construc-
tion cost is hereby determined to be $46,018.33 as shown
in said Engineer's report.
BE IT FURTHER RESOLVED, that the Engineer is hereby in-
structed to prepare a plat and schedule showing the separate
lots or parcels of ground subject to assessment for the cost
of said improvements, together with the names of the owners
thereof, so far as practicable, and the amount assessable,
and against any.railway or street railway legally assessable
therefor, and the whole amount of the cost of said improvements
shall be assessed against the benefited properties, which said
plat and schedule, when completed, shall be filed in the Office
of the Clerk.
It was moved by Brandt and seconded by White
that the Resolution as read e-adopte , and upon roll call
there were:
AYES: NAYS: ABSENT:
x Brandt
x 100DXEM= Davidsen
x Czarnecki
x i 0NbW(CndeProsse
x White
PASSED AND APPROVED this 12th
ATTEST:
City Clerk
1974
ENGINEER'S REPORT
1973 SIDEWALK PROGAM
MARCH 12, 1974
To the Honorable Mayor and City Council
Iowa City
Iowa
Honorable Mayor and Councilpersons:
I hereby certify that the improvements, as constructed in a contract be-
tween the City of Iowa City and Wolf Construction, Inc of Iowa City,
Iowa, dated March 2, 1973, has been completed by said contractor in sub-
stantial accordance with the plans and specifications governing said
improvements.
I further certify that the improvements, as constructed, included the
following amount:
Construction of sidewalk, driveways, and storm sewer $ 46,018_33
TOTAL CONTRACT AMOUNT $ 46,018.33
TOTAL PREVIOUSLY PAID $ 42,363.39
TOTAL DUE CONTRACTOR $ 3,
654.94
Respectfully submitted,
�
George Bonnett, P.E.
Acting Director of Public Works/City Engineer
GRB/jcb
Pursuant to the provisions of the agreement entered into on the 13th
day of February, 1974 by and between the City of Iowa City and Local
183 of the A.F.S.C.M.E., an election was conducted on the 7th day of
March, 1974 to determine if eligible employees of the City of Iowa City
elect to�have AFSCME Local 183 represent them for purposes of collective
bargaining with the City of Iowa City.
THE RESULTS OF THE ELECTION ARE AS FOLLOWS:
NUMBER OF ELIGIBLE EMPLOYEES: 178
NUMBER OF ELIGIBLE EMPLOYEES ACTUALLY PARTICIPATING IN ELECTION: ill
PERCENTAGE OF ELIGIBLE EMPLOYEES PARTICIPATING IN ELECTION: 9G
NUMBER OF ELIGIBLE EMPLOYEES REQUIRED TO CARRY THE ELECTION IN FAVOR
OF THE UNION PURSUANT TO ELECTION AGREEMENT PROVISIONS: ten
NUMBER VOTING "YES FOR AFSCME": 9L C SG.I
NUMBER VOTING "NO UNION": 7S iC 4 3,7 �D
This is to certify that the information on this sheet is accurate and
that the election was conducted by me at the request of both the City
of Iowa City and AFSCME Local 183.
NAME:
TITLE: Ce,V4y&4,r
DATE:- 'j 7- Ttit
ADDRESS:sJoy AJm RJ.
��a �,► Fr I! s . fit., a 5bAtja
J
CERTIFICATION OF ELECTION RESULTS
Pursuant to the provisions of the agreement entered into on the 13th
day of February, 1974 by and between the Iowa City Public Library and
Local 183 of the A.F.S.C.M.E., an election was conducted on the 7th
day of March, 1974 to determine if eligible employees of the Iowa City
Public Library elect to have AFSCME Local 183 represent them for pur-
poses of collective bargaining with the Iowa City Public Library.
THE RESULTS OF THE ELECTION ARE AS FOLLOWS:
NUMBER OF ELIGIBLE EMPLOYEES: ha
NUMBER OF ELIGIBLE EMPLOYEES ACTUALLY PARTICIPATING IN ELECTION:
PERCENTAGE OF ELIGIBLE EMPLOYEES PARTICIPATING IN ELECTION: 43,3 10%a
NUMBER OF ELIGIBLE EMPLOYEES REQUIRED TO CARRY THE ELECTION IN FAVOR
OF THE UNION PURSUANT TO ELECTION AGREEMENT PROVISIONS: S
NUMBER VOTING "YES FOR AFSCME" : 7a
NUMBER VOTING "NO FOR UNION":
This is to certify that the information on this sheet is accurate and
that the election was conducted by me at the request of both the Iowa
City Public Library and AFSCMt Local 183.
NAME: ���•• R
TITLE:
DATE: j -T- 7V
ADDRESS: /!IQ5 &J144"r Ri 4` Ad
WILL J. HAYEK
JOHN W. HAYEK
C. PETER HAYEK
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: Mandatory Park Land Dedications
Mayor and Council Members:
Recently you referred to my office the question of whether or not
the City had the power to require the dedication of park land as part of the
subdivision process by developers. We have extensively researched this
question. Attached to this letter is a research memorandum of February 8,
1974, by Assistant City Attorney Dick Braun outlining the results of this
s tudy.
The status of mandatory park land dedications in Iowa is uncertain,
as the memorandum indicates. Chapter 409 of the Code of Iowa does not
specifically grant municipal corporations this power. However, it is our
opinion that the City does have the power to require mandatory dedication
or fees -in -lieu of dedication if the following standards are adhered to as
set forth in the memorandum
1. The park required must be included in our
comprehensive or general plan.
2. The subdivision exaction must be considered
reasonable, with regard to the subdivision in
question.
3. The requirements must be attributable to the
specific needs of the subdivision in question.
4. The advantage gained from the requirement
must be used to the direct benefit of the people
in that subdivision.
You should be aware that enactment of mandatory park land dedications
would probably result in litigation in the courts over the issue because of the
The Honorable Mayor and - 2 -
City Council of Iowa City
March 5, 1974
cost of compliance with such requirements to subdividers along with the
uncertainty of the legal status of the requirement.
Mr. Braun and I will be happy to discuss this matter with you
further at your convenience.
Respectfully submitted,
Jo W. Hayek
JWH:vb
Attachment
DATE: February 8, 1974
TO: John Hayek, City Attorney
FROM: Dick Braun, Assistant City Attorney
RE: Mandatory Park Land Dedications
Subdivision regulations requiring the mandatory dedication
of land or fees -in -lieu of land as precedent to plat approval
must generally be authorized by state legislation. States fall
into three catagories on this issue:
1. Statesspecifically allowing mandatory dedication
of land or fees -in -lieu of dedication.
2. States where enabling legislation neither specifically
authorizes nor forbids mandatory dedication of land or fees -
in -lieu thereof.
3• States where legislation specifically prohibits
mandatory dedication of land or fees -in -lieu thereof.
I will discuss these three in order placing Iowa in the
proper perspective.
1. To name a few, California, Arkansas, Washington,
and Minnesota have adopted legislation authorizing dedication
and fees -in -lieu provisions. Out of this list of states the
California example has created the strongest impact. Prior
to the enactment of mandatory dedication legislation in
California in 1965, there was a 1949 landmark case already in
existence in that state, Ayres v. City of Los Angeles,
34 Cal.2d 31, 207 P.2d 31 (1949). The Ayres case stands for
the proposition that a land owner or developer can be required
to pay for improvements which are generated by his use of the
land whether or not the community is also benefited by the
expenditure. It 4s the obligation of the subdivider to comply
with reasonable conditions for design, dedication, improvement,
and restrictive use of the land so as to conform to the safety
and general welfare of the lot owners in the subdivision and of
the public. Thus, identifying the existence of benefits to
those intended to be burdened by the restrictions, the court
made its ultimate leap of logic for which Ayres has been cited
ever since: "It is no defense to the condition imposed in a
subdivision map proceeding that their fulfillment will
incidently benefit the City as a whole.". Ayres vs. City of
Los Angeles at page 7. Subsequent to the Ayres case, in 1965,
I - '
ME's RAM D
i 0 ii UN
RE: Mandatory Park Land Dedications
Page 2
California passed specific legislation (Section 11546 of the
Business Code of the State), which authorized cities and counties,
as a condition of subdivision map approval, to require a subdivider
to dedicate land for neighborhood parks, or in -lieu thereof, to
pay fees for such purposes. Subsequent to this date the Supreme
Court of California in 1971 in an expansion of the Ayres doctrine
to require dedication of land or fees -in -lieu of dedication for
parks and other open spaces handed down an opinion in Associated
Home Builders Etc. v. Walnut Creek, 94 Ca1.Rptr. 630, 1$ P.2d
0 Cal. 1971 Associated Home Builders Etc. v. tdalnut Creek
sustained the validity of Section 11546 of the Business and
Professional Code of the State of California and additionally
sustained an ordinance of the city of Walnut Creek enacted
pursuant to said statute. The Supreme Court found a merit in
the contention that the city should be able to use the collected
fees anywhere in the community and not be required to spend such
fees on a park conveniently located to the subdivision. It should
be noted at this time for future reference that Associated Home
Builders disposed of, in a footnote, an important Illinois case
in this area, Pioneer Trust and Savings Bank v. Village of Mount
Prospect, 22 Ill.2d 3755 1976 N.E.2d 799 (1961). It can obviously
be noted that the California position represents one end of the
spectrum; that being the most liberal and progressive approach.
2. By far, the most difficult and complex situation is
when enabling legislation neither expressly permits nor prohibits
requirements for dedication or fees -in -lieu dedication of land as
precedent to plat approval. To date there is no general agreement
among the various state courts involved, concerning the constitu-
tionality of requiring dedications as a condition to subdivision
approval. But a few courts have identified constitutional principles
that underlie their decision.
Common subdivision exactions, such as the dedication of
streets and sidewalks are designed to minimize the impact of the
subdivision on the municipality and are supported by the general
welfare aim of the police power. The arguments supporting these
requirements have been uniformly accepted by the courts. A leading
case in this area, Ayres v. City Council of Los Angeles, has
supported this issue as far back as 1949. This brings us then to
the key problem --whether the newer kinds of requirements in sub-
divisions, parks for example, should be treated any differently
from the more traditional requirements which have received
judicial approval (see Iowa Code Section 409.5). Dces the require-
ment to dedicate land for parks as a condition to subdivision
approval lie within the permissable .objectives of the police
power to protect the health, safety, welfare, and morals of the
general public?
New York and Wisconsin have enabling legislation which
neither specifically authorizes nor forbids a municipality to
require park land dedication or fees-in-lieu thereof and such
provisions have been upheld in principle in their courts.
In what has been contrasted as the polar opposite to
Ayres and its progency, the Illinois Supreme Court in 1961
enunciated its "specifically and uniquely attributable" test in
Pioneer Trust and Savings Bank v. Village of Mount Prospect,
22 Ill.2d 3753 176 N.E.2d 799 (1961). This case involved a
municipal ordinance adopted pursuant to the enabling act which
required a subdivider to dedicate one acre of land for each
60 residential lots and 1/10 of an acre for each acre of business
property to be used for park or school sites. In dispute was
the demand by Mount Prospect that a developer of 250 lots
dedicate 6.78 acres before his plat would be approved. =conically,
the court in Pioneer Trust took notice of Ayres and relied upon
it in its decision. The Pioneer Trust court took -,--.ice as in
Ayres that the subdivision in question was merely a small piece
in a rapidly evolving pattern of development; neither party
disputed that school and park sites were badly needed. Unlike
Ayres, however, the Illinois court made no reference to any
master plan nor to any previous practice of requiring other
developers to dedicate land. Treating the immediate subdivision
as a matter of first impression, the court reached exactly the
opposite conclusion as to Ayres on the critical issue of external
benefits: "No developer shall be compelled to dedicate open
space unless the need for it is specifically and uniquely
attributable to its activity and which would otherwise be cast
on the public.", Pioneer Trust at page 801. As is typical,
American state courts are prone to disagree with each other.
But again, the irony of Pioneer Trust is that it purported to
follow Pyres in reaching its decision. The reading of Ayres
and the reliance thereon by the Illinois Supreme Court has been
criticized by courts and other authorities.
Jordan v. Village of Menomonee Falls, 137 N.W.2d 42 (1966),
a Wisconsin Supreme Court decision, interpreted 1959 ordinance
provisions of the Village of Menomonee Falls (see Appendix A)
as follows: "The Court accepted the guidelines given in Pioneer Trust
yet observed that the phrase 'specifically and uniquely alutributable
to his activity' must not be 'so restrictively applied as to cast
an unreasonable burden of proof upon the municipality which has
enacted the ordinance under attack'."
In most instances it would be impossible for
the municipality to prove that the land required to
be dedicated for a park or school site as to meet a
need solely attributable to the anticiapted influx of
people into the community to occupy this particular
subdivision. On the other hand, the municipality might
well be able to establish that a group of subdivisions
approved over a period of several years had been
responsible for bringing into the community a considerable
MEMORANDUM
RE: Mandatory Park Land Dedications
Page 4
number of people making it necessary that the land
dedications required of the subdividers be utilized
for school, park and recreation purposes for the
benefit of such influx. In the absence of contravening
evidence this would establish a reasonable basis for
finding the need for the acquisition was occasioned
by the activity of the subdivider. (Supreme Court of
Wisconsin, Nov. 2, 1965, 137 N.W.2d 442)
At this point it is extremely important to examine Statutues
of Wisconsin, Chapter 236. The.pertinent parts of Section 236.45
are layed out in the Jordan decision at pages 445 and 446.
Please examine the parts of this section in light of the italicized
emphasis provided. This italicized emphasis refers generally to
facilitating adequate provision for parks, providing other
approving requirements for subdivisions, and liberal construction
in favor of the municipality for any ordinance adopted pursuant
to state enabling legislation for local subdivision regulation.
In 1971 the Wisconsin Supreme Court again reviewed
Chapter 236, Statutes, which delegates powers to the cities to
approve subdivision plats. In Rodenbeck v. American Mutual
Liability Ins. Co., 190 N.W.2d 917 1971 the court at page 916
discussed Chapter 236 as follows: "While it is hornbook law
that cities, as creatures of the legislature, have only such
powers as are expressly granted to them and such others as are
necessary and convenient to the powers expressly granted, it is
clear, in regard to plat approvals, that discretion, within
limits, was granted to the municipalities." Skipping down
13 lines in the same paragraph the court went on to say,
"Section 236.45(2)(b) (the same section referred to in Jordan)
directs that any ordinance adopted by a municipality shall be
liberally construed in favor of the municipality. This reserves
to the city a broad area of discretion in implementing subdivision
control provided that the ordinances it adopts are in accord with
the general declaration of legislative intent and are not
contrary, expressly or by implication, to the standards set up
by the legislature. This is a grant of .aide discretion which
a municipality may exercise by ordinance or appropriate =resolution."
In 1960 the New York Supreme Court in Gulest Associates, Inc.
v. Town of Newburgh, 25 Misc.2d 1004, 209 N.Y.S.2d 729, discussed
dedication for fees -in -lieu of dedication. The Gulest case
provides that the requirements must not only -represent the needs
of the particular subdivision but that the advantages of the
requirement must directly benefit this subdivision. The question
of "who benefits" is particularly important in c—es dealing
with fees -in -lieu.
Again in 1966 the New York Supreme Court in Jenad, Inc. v.
Village of Scarsdale, 18 N.Y.2d 785 218 N.E.2d 673, 27i N.`I.S.2d
55 (1966), examined dedication or fees -in -lieu of dedication.
In this decision the New York Court went even a step further.
It not only held that communities in New York could impose such
requirements, but that it was an example of fine city planning
ana therefore reversed the Gulest case on the grounds that the
benefit did not have to run directly to the subdivision in
question. The court stated that in such situations where
separate subdivisions were too small to permit substantial park
lands to be set off the creation of such subdivisions were still
found to have enlarged the demand for more recreational space
in the community. In such cases it was just as reasonable to
assess the subdividers on amount per lot to go into a fund for
more park lands for the village or town. The court found that
one arrangement was no more of a "tax" or "illegal taking" then
the other.
In coming to their decision in Jenad the New York court
cited with approval both Jordan and a-71-9-16-7 Montana Supreme Court
case, Billings Properties, Inc. v. Yellowstone County, 144 Montana
25, 39' P.2d 172 2, where a state statute required land to be
dedicated for park and playground purposes as a condition precedent
to approval of a subdivision plat and which statute authorized
the county planning board to waive the requirement in appropriate
cases. The Montana court remarked (page 29, 294 P.2d, page 185)
that: "Statutes requiring dedication of park and playground
land as a condition precedent to the approval of plats are in
force in one form or another in most all states." the court
said this at page 33, 394 P.2d at page 187: "Apnellant does
not deny the need for parks and playgrounds, however it would
require the city to purchase or condemn land for their establish-
ment. But this court is of the -opinion that if the subdivision
creates the specific need for such parks and playgrounds, then
it is not unreasonable to charge the subdivider with the burden
of providing them."
3. States where legislations specifically prohibit
mandatory dedication of land or fees -in -lieu thereof. L was
unable to find any legislation that specifically prohibited
this activity, rather states such as Illinois in the Pioneer Trust
decision have had their statutes interpreted to bring about
prohibition of mandatory dedication. In other words, most all
states fall under situation #2 where the statutory language
neither specifically authorizes nor forbids, but the Supreme
Court either allows or disallows mandatory dedication in varying
degrees such as in New York, Wisconsin, and Illinois.
In Iowa we fall under situation #2 where there is no
specific legislation approving mandatory dedication nor is there
specific legislation denying mandatory dedication. The more
traditional requirements are covered by section 409.5 Code of
Iowa, 1973. These are sidewalks,aving,
p sewers, water, gas,
and electric utilities --all required before the plat is approved.
The newer kinds of requirements for subdivisions such as parks
would in my opinion be covered by section 409.14 Code of Iowa,
1973. This section is quite lengthy so I will just set out
appropriate sections and allow the rest to be read in its entirety
from the Code itself. Please read section 409.14 keeping in
mind the Jordan decision and comparing Iowa's statutory language
with Wisconsin's at pages 445 and 446 of 137 N.W.2d. The
relevant paragraph under section 409.14 is paragraph 4 beginning
at the bottom left-hand column of page 1830 Code of Iowa, 1973.
This section states that plats shall conform to the general
plan of the city with regard to streets; alleys, bouleva-rds,
parks, and public places and be conducive to an orderly develop-
ment thereof and not otherwise interfere with the carrying out
of a comprehensive city plan. Additionally, the plats shall
conform to the ordinances of the city involved. As you move
to the end of the fourth paragraph the following language appears:
"Provided that the city council may require as a condition of
approval of such plats that the owner of the land bring all
streets to a grade acceptable to the council, and comply with
such other reasonable requirements in regard to installation of
public utilities or other improvements as the coucil may deem
reouisite for the protection of the public interest." If this
last quotation is compared to the statutory language of the
state of Wisconsin contained in the Jordan opinion, it proves
to be very similar. Chapter 368 Code of Iowa, 1973, also
contains language that is extremely similar to that contained
in the Wisconsin statutes and additionally the language supports
an interpretation of Chapter 409 that would allow mandatory
dedication or fees -in -lieu thereof. Section 368.2 Code of Iowa,
1973, states in relevant part the following: "It is hereby
declared to be the policy of the State of Iowa that the
provision of the Code relating to the powers, privileges,
and immunities of cities and towns are intended to confer
broad powers of self-determination as to strictly local and
internal affairs upon such municipal corporations and should
be liberally construed in favor of such corporations." "Its
provisions (Code) shall be construed to confer upon such cor-
porations broad and implied power over all local and internal
affairs which may exist within constitutional limits."
In search of the cases in Iowa, I find no authority
concerning mandatory dedication or fees -in -lieu thereof.
The objectives of provisions for mandatory dedication or
fees -in -lieu of dedication may be considered acceptable in light
of traditional subdivision requirements because they are
intended to minimize the overcrowding of existing recreation
facilities. Most municipalities do not have the economic resources
available to meet the increasing demands of new development
for municipal services. As a result of new development, the
City must respond by supplying the necessary additional capital
facilities such as streets, water, sewer facilities and parks.
Consequently, the need to reduce this impact would seem to be
a proper objective of the police power. Certainly these
facilities should be regarded as important to the general
welfare of any community.
Thus, the arguments that support the constitutionality
of dedication requirements are based on reasoning that the
need for this additional land is generated by the new subdivision
and that dedication or fees -in -lieu of land is for its benefit.
It is, therefore, in the interest of the general welfare because
it relieves this burden from the total community for not
depriving the new residents of necessary facilities.
In summary, allowing for the varying degrees of application
in the different states and in light of the authorities cited,
I feel that the City of i.owa City may require mandatory dedica-
tion or fees -in -lieu of dedication if the following standards
are adhered to:
1. The park required must beincludedin our compre-
hensive or general plan.
2. The subdivision exaction must be considered reasonable,
with regard to the subdivision in question.
3. The requirements must be attributable to the specific
needs of the subdivision in question.
4. The advantage gained from the
used to the direct benefit of the people
requirement must be
in that subdivision.
Test of reasonableness is always appli-
cable to any attempt to exercise the police
power.
6. Municipal Corporations (=43
The municipality by approval of a pro-
posed subdivision plat enables subdivider to
profit financially by selling subdivision lots
as home building sites and thus realizing a
greater price than could have been obtained
if he had sold his property as unplatted
lands; in return for this benefit the mu-
nicipality may require him to dedicate part
of his platted land to meet a demand to
which municipality would not have been put
but for influx of people into community to
occupy subdivision lots.
7. Municipal Corporations (=43
Ordinance which requires dedication of
land when practicable for school, park and
recreational sites as a condition for ap-
proval of subdivision plats is constitutional
as a proper exercise of police power.
W.S.A. 236.45.
The equalization ice exacted pursuant
to ordinance requiring subdivider to pay a
total of $200 per lot in lieu of dedicating
land of that value for school, park or rec-
reational needs where village planning com-
mission finds dedication of land for such
purposes is not feasible is not a "property
tax" since it is imposed on the transaction
of obtaining approval of the subdivision
plats; if it is a tax it partakes of the na-
ture of an "excise tax" and docs not violate
the uniformity clause of the Constitution.
W.S.A.Const. art. S, § 1; W.S.A. 236.43.
See publication Words and Phrases
for other judicial constructions and
definitions.
Action by plaintiffs Afartin A. Jordan
and James F. A1cA1ickcn and their wives
against defendant village to recover $5,000
paid by plaintiffs as an equalization fee in
lieu of dedicating land as required by de-
fendant's ordinance governing the subdivi-
sion of lands within the village.
In October, 19.59, Jordan and McMicken
B. Municipal Corporations (:-43 (hereinafter "plaintiffs") conrnenced nego-
Ordinance requiring subdivider to pay tiations for the purchase of a 7.83 acre tract
total of $200 per lot in lieu of dedicating of land in defendant village for the purpose
land of that value for school, park or of subdividing it into lots and selling the
recreational needs where village planning lots. \While negotiating, pLtintiiis became
commission finds dedication of land for aware that defendant had enacted an ordi-
such purposes is not feasible is reasonable nance in \•larch, 1959, which required sub -
exercise of police power and is authorized dividers to either dedicate a portion of their
by statute relating to local subdivision regu- land or pay a ice in lieu thereof. Pertinent
lation. W.S.A. 236.45, sections of the ordinance are:
9. Municipal Corporations 0956(3)
While under the home rule amendment
of the Constitution and the implementing
statutes villages and cities have wide
powers to tax for the general welfare, they
can only resort to the types of taxes that
the Legislature has authorized them to use.
W.S.A.Const. art. 11, § 3; W.S.A. 61.34,
62.04.
"In order that adequate open ,paces
and sites for public uses nla}' he prop-
erly located and preserved as the com-
munity develops; and in order that the
cost of providing the public school,
park, and recreation sites and fatuities
necessary to serve the addition; 1. farn-
ilies brought into the community by
subdivision development rr:ay be most
equitably apportioned on the basis of
444 W is.
137 NORTE WESTERN REPORTER, 2d SERIES
the additional need created by the indi-
vidual subdivision development, the fol-
lowing provisions are established:
118.01. Reservation of Potential
Sites.
,,(1) In the design of the plat, con-
sidcration shall be given to the ade-
quate provision of and correlation with
such public sites or open areas.
"(2) Where it is determined by the
plan commission that a portion of the
plat is required for such public sites or
open spaces, the subdivider may be rc-
quired to reserve such area for a period
not to exceed three years, after which
the Village shall either acquire the
property or release the reservation.
"S.02. Dedication of Sites.
"(1) Within the corporate limits of
the Village, where feasible and com-
patible with the comprehensive plan
for development of the community, the
subdivider shall provide and dedicate
to the public adequate land to provide
for the school, park and recreation
needs of the subdivision.
"(2) The amount of land to be pro-
vided shall be determined on the basis
of an amount equal in value to $200.00
per residential lot created by the sub-
division. Such value shall be deter-
mined by the Village assessor on the
basis of full and fair market value of
the land. If the owner is not satisfied
with such appraisal, he may appeal
such determination, in which case an
appraisal board consisting of one ap-
praisor selected by the Village at its
own expense, one selected by the prop-
erty owner at his own expense and a
third selected by the two other ap-
praisers at Village expense, shall de-
termine the value.
"S.03. Proportionate Payment in
Lieu of Dedication.
"(1) Where such dedication is not
feasible or compatible with the com-
prehensive plan, the subdivider shall
in lieu thereof pay to the Village a fee
equivalent to the value of the required
dedication. Such fee shall be distr"'
uted as follows:
"A. S120.00 per residential lot cre-
ated by the subdivision to be held in a
non -lapsing fund for the benefit of
the school district or districts in which
the plat lies, on the basis of proper
apportionment between districts v:here
the plat is in more than one district, and
to be made available to the appropriate
district or districts upon their request.
"B. $80.00 per residential lot cre-
ated by the subdivision to be placed in
a non -lapsing fund to be used for park
and recreation area development.
"(2) Such fees shall he used excht-
sively for immediate or future site
acquisition or capital improvement.
"S.03. Determination of Feasibility.
"The determination as to the feasi-
bility of dedication shall be made by
the Village Plan Commission. The
subdivider shall however have the op-
tion of choosing to make payment in
lieu of dedication."
With full knowledge of the ordinance,
plaintiffs purchased the property for $22,-
000. Plaintiff Jordan did once voice an
informal objection to Gottlieb, village com-
missioner, stating that he thought the ordi-
nance was unconstitutional. Because of
the small area and the particular layout of
the subdivision planned, it did not occur to
plaintiffs to dedicate any land for school
or park sites. They proceeded on the
assumption that they would nay the $;,000
equalization fee in lieu of land dedication,
which fee they.paid by check Septemhcr
12, 1960, and typed "paid under protest" o:t
the check. Plaintiffs then proceeded to
complete the subdivision at a total cost of
$73,S96.98, including, the $;,000 platting fee.
All 25 lots were sold between September.
1961, and April, 1963, for a total stun of
$100,000.
On
on do
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V ilh
DATE: April 1, 1974
TO: Planning and Zoning Commission
FROM: Iowa City City Council
RE: Referral of Attorney Hayek report.
At their regular meeting on March 12, 1974, the Iowa City
City Council directed that a copy of City Attorney John I-IayeJ:'s
report on Mandatory Park Land Dedication be sent to your
Commission.
Abbie Stolfus l
City Clerk
1
Li
DATE: April 1, 1974
TO: Parks and Recreation Commission
FROM: Iowa City City Council
RE: Referral of Attorney Hayek report.
At their regular meeting on March 12, 1974, the Iowa city
City Council directed that a copy of City Attorney Hayek's
report on Mandatory Park Land Dedication be sent to your
commission.
Abbie Stolfus
City Clerk
I
a -f`
i
NOTICE OF -PUBLIC HEARING
Notice is hereby given that the City -of -Iowa
R9llFXi�4te�bc�eatxbarxCii�t
c proposes
xxto Xtkxx�
Amend its Zoning Code, Chapter 8.10 Municipal Code of Iowa City.
This amendment will create a new zone,CBS-Central Business Service,
in the downtown area. Said zone is to insure compatible uses with
the R-14, Urban Renewal Plan.
Notice is further given that pursuant to Section 414.4 of the 19 73
Of Iowa, a hearing by the City Council of Iowa City, Iowa, on the said p Code
roposed
rezoning will be held at the Council Chambers in the City Hall of Iowa City,
p
Iowa at
' �--
objection_Marnh l 19 74 and any person having
s to said proposed action may ap
hearing. pear and file objections at said
Dated at Iowa City, Iowa thisFea-- --
},r�twrs� 77 , 19-2A—
Publish
— 19 74 .
1_
WILL J. HAYEK
JOHN W. HAYEK
C. PETER HAYEK
HAYEK, HAYEK & HAYEK
ATTORNEYS AT LAW
110 EAST WASHINGTON STREET
IOWA CITY. IOWA 52240
March 5, 1974
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: Marijuana Ordinance
Mayor and Council Members:
AREA CODE 319
337-9606
At your request I have reviewed the legal power of the City to
legislate in the area of controlled substances. This letter is to report to
you concerning the results of my study.
As you know the State of Iowa has a comprehensive statute controlling
the use, manufacture and distribution of various controlled substances. That
statute is set out in Chapter 204 of the 1973 Code of Iowa and is entitled the
Uniform Controlled Substances Act. This statute provides certain penalties
for, among other things, the possession of marijuana, which is defined as
a controlled substance under the Act. Generally, possession of marijuana
is made an indictable misdemeanor in Section 401 of the Act.
In my opinion the City of Iowa City is without power to alter the
provisions of Chapter 204 and there is no way that the City can "legalize'
the possession of marijuana. At present, however, the City would appear
to have the power to enact its own ordinance or ordinances in this area,
should it choose to do so.
Section 366. 1 of the 1973 Code of Iowa as amended gives municipal
corporations the power to establish, by ordinance, necessary and proper
regulations for the health and welfare of the inhabitants of the community
and to make a violation of such ordinances a misdemeanor punishable by
a fine not exceeding $100. 00 or by imprisonment not exceeding thirty days.
The City Council could, if it chose, enact a marijuana ordinance and apply
a misdemeanor penalty to violations of the ordinance. The effect of the
adoption of such an ordinance would not be to provide necessarily lower
penalties for the possession of marijuana but would give law enforcement
officers and private citizens an option as to which law was to be invoked,
much as is the case with many traffic offenses.
This situation becomes less clear when the new City Code of Iowa
becomes effective. Section 12(3) of the City Code of Iowa provides as
follows, "A city may not set standards and requirements which are lower
or less stringent than those imposed by state law, but may set standards
and requirements which are higher or more stringent than those imposed
by state law, unless a state law provides otherwise. " This section would
appear to throw some doubt upon the present power of the City to legislate
in the fashion discussed above. Since the City Code of Iowa is neva, there
is no judicial interpretation of this language which could be relied upon for
clarification.
In conclusion, the City does
in the area of controlled substances
the health and welfare of the comma
to legislate exclusively in this area
of Chapter 204 of the Code of Iowa c
Council of Iowa City.
JWH:vb
have the power to legislate concurrently
if the Council deems it necessary for
nity. The City does not have the power
and there is no way that the provisions
an be altered by legislation of the City
Res
submitted,
V. -Haye
DATE: March 15, 1974
TO: Rodney Miller, Hilltop Mobile Home Park
FROM: Iowa City City Council
RE: Referral of copy of attorney report on Marijuana Ordinance
At their regular meeting on March 12, 1974, the Iowa City City
Council received a copy of the City Attorney John Hayek's
report on a Marijuana Ordinance. The motion was adopted to
refer a copy of the report to you. The report is attached.
TO
FROM
DATE:__ March 15, 1974
Johnson County Regional Planning Commission
Iowa City City Council
RE: Referral of copy of Attorney report on Marijuana Ordinance
At their regular meeting on March 12, 1974, the Iowa City City
Council received a copy of City Attorney John Hayek's report
on a Marijuana Ordinance. The motion was adopted to refer
a copy of the report to the Johnson County Regional Planning
Commission.
The report is attached.
r
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A SOLID WASTE DISPOSAL PLAN
FOR JOHNSON COUNTY, IOWA
I. Introduction and Purpose of the Plan
This report outlines a Solid Waste Management Plan for
Johnson County, Iowa. The report was prepared in com-
pliance with Chapter 406.7 of the Iowa Code and in
accordance with the guidelines generated by the said
Chapter.
1I. Summary
This report sets forth a solid waste management system
which utilizes the recently developed and state -authorized
sanitary landfill of the City of Iowa City as the primary
disposal site. The system described herein uses standard
practices for collecting, transporting, and disposing of
the solid wastes generated in Johnson County. Such prac-
tices are now being utilized and extended to all parts of
the county through the administrative and regulative de-
vices described herein. The proposed system is feasible
and appropriate for Johnson County; however, continual.
monitoring and surveillance will be carried out and this
plan will be updated as technological advances become
available.
III. Background Information
A. Description of present practices
1.
1
Study Area
The population of Johnson County is distributed
in the following manner:
Unit
Iowa City
Coralville
University
Heights
Urbanized Areas
1960
33,443
2,357
841
-1-
1970
46,850
6,130
1,265
s Increase
40.1
160.1
50.4
..
TABLE OF CO\11_�lS
Page
I.
INTRODUCTION AND PURPOSE'• OF PLAN
l
II.
SUMMARY
1
III.
BACKGROUND INFORMATION
A. Description of Present Practices
I
I1".
DATA EVALUATION
A. Responsibility
10
B. Type of Containers
Ih
C. Location of Containers
1"
D. Intermediate Processing
1?
E. Recycling
13
F. Political Relationship
18
V.
SYSTEM PLAN
A. Location of Disposal Sites
18
B. Storage - Type of Container
18
C. Collection and Transportation
1?
D. Recycling
1(j
E. Ultimate Land Use
1ST
F. Financing
19
G. Legal _ _ __
2(1
H. Accessibility
20
I. Land Requirements
20
J. Present Dumps
Z(1
K. Administration
20
VI.
SITE INVESTIGATION AND DESIGN (ll' 'fil): FACILITY
1
VI 1 .
GOVFRN ING BODIES HAVING AGRIiEM1i;`ITS WITH IMM CITY
Z I
AGREEMENT FORM
Appendix A
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s. E. BIG GROvC
M A G I S O N
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WASHINGTON S H A R O N l I 0 E R I
j
{ JOHNSON COUNTY
I`j REGIONAL PLANNING
COMMISSION
' JOHNSON COUNTY ,
i I
LAST I I
LUTA$
N -ILI
10 WA
r t �
2
IT'..v
Non -urbanized Areas
Unit
1960
1970
o Increase
Hills
310
507
64
Lone Tree
717
834
16
North Liberty
334
19055
216
Oxford
633
666
5
Solon
604
837
39
Swisher
271
417
54
Shueyville
*
115
Tiffin
311
299
_4
Rural areas
13,842
13,267
-4.2
Cexcluding the
incorporated areas)
*Information not available because up to 1967,
it was not an incorporated town.
2. Storage
a. Urban Care Municipalities
1) Storage for single family residential
areas and small apartments is in 20
to 30 gallon metal or plastic containers
with a tightly closed lid.
2) The larger apartments, commercial and
industrial users and the University of
Iowa use closed containers ranging in
size from 1 -to 20 -yard capacity. The
storage practices presently used are
satisfactory :from a sanitation standpoint.
3) The City of Iowa City has an ordinance
which states the requirements for the
storage of refuse. The ordinance is
enforced by the Johnson County Health
Department which acts as a health agency
for all. of Johnson County.
b. Rural Communities
Only four communities of the area have
exercised their statutory authority to
regulate storage and collection practices.
C. Unincorporated Areas
1) Johnson County has no statutory powers
or responsibilities for the storage and
collection of solid wastes under exist-
ing laws.
2) The Johnson County Board of Health has
recently initiated a pilot project in
solid waste storage and collection for
rural areas. Thus far, ❑ compactor has
been placed at the county road station
near Solon, making it possible for resi-
dents of unincorporated areas of the County
to store waste for collection. If the
pilot project proves feasible, this con-
cept may be extended to other parts of' the
county.
3. Collection
City of Iowa City and Town of University Heights
a. Public Collection
1) The City of Iowa City refuse collection
crews collect from all single family
residential areas in the City of Iowa
City and the Town of University Heights
on a once a week basis as well as from
apartment houses that require only once
a week pickup.
2) The Refuse Division of the Iowa City Public
Works Department has the City divided into
20 collection routes. Four routes are
collected each day of the week with each
day's route being located in the same
general area of the City.
3) The present crew size is three men with
one man driving and two men picking up
refuse.
4) The present equipment includes five 20 yard
rear -loading refuse packer trucks with
four trucks being used daily and one truck
serving as a standby vehicle.
S
5) The University of Iowa provides its own
collection service and uses 8 -yard
containers with a 25 -yard front -loading
refuse packer.
b. Private Collection
1) Apartment houses in large complexes that
require more than once a week pickup are
not included in the City's collection ser-
vice.
2) Commercial and industrial refuse is also
excluded from the City services.
c. *Collection Agencies
Agencies Number Percent
Private Agencies 15 S2.S
Public Agencies S 47.5
Not Collected 0 0.0
*See Appendix A for a list of public and pri-
vate haulers who have permits to dump refuse
collected in Iowa City and University Heights
in the Iowa City landfill. It should be
noted that every hauler must be designated by
a governmental agency and issued a permit to
dump in the Iowa City landfill. One private
collection agency may be designated by several
governmental agencies in which case that hauler
is issued a permit for each governmental con-
tract. See Appendix B for a listing of those
permits issued to t e University of Iowa solid
waste operation and two private haulers to
dump refuse collected from the University in
the Iowa City landfill. The numbers indicate
the number of vehicles of various types engaged
in refuse collection at the University of Iowa,
though the regularity of their use as such
varies greatly.
Coralville
a. The city of Coralville operates a public
collection service for single family resi-
dences.
b. Commercial, industrial, and large apartment
complexes requiring more than once -a -week
pickup depend upon private collection agencies
for refuse disposal.
6
C. Coralville enforces a compulsory pick-up
ordinance.
d. The City of Coralville presently utilizes a
local landfill near 12th avenue and Interstate 80.
This landfill has a remaining capacity for only
about one year at the present rate of disposal.
e. The City of Coralville is currently exploring
the feasibility of incineration as'a means of
solid waste disposal. if found feasible, such
a program may be implemented. If not, other
alternatives will be investigated, including
a contract with other agencies for landfill
use or a new municipal landfill.
Solon
a. Solon does not operate a puhlic collection
service.
b. Solon has contracted t✓ith Iowa City to allow
a private collection agency to dump refuse
collected in Solon in the Io%%�a City landfill.
(See Appendix C for the terms of this contract.
See Appendix D for a list of the private
collection agencies having contracts t�ith the
town of Solon.)
C. Solon has enacted a compulsory pick-up ordinance
Tiffin
a. Tiffin does not operate a puhlic collection
service.
b. Tiffin has contracted with lova City to allow
private collection agencies to dump refuse
collected in Tiffin in the Lowa City landfill.
(See Appendix E for the terms of this contract.
See Appendix D for a list of the private
haulers having contracts with 'Tiffin.)
C. Tiffin does not have a compulsory pick-up
ordinance, though such an ordinance is presently
being considered.
North Liberty
a. North Liberty does not operate a Public collection
service.
b. North Liberty has contracted with Iowa City
to allow private collection agencies to dump
refuse collected in North Liberty -in the Iota
City landfill. (See Appendix P for terms of
this contract. See Appendix D for a list
Of private haulers having contracts with
North Liberty.)
C. North Liberty has enacted a compulsory pick-
up ordinance. Solid waste collection is
financed through general revenue funds.
Hills
a. Hills does not _operate a public collection
service.
b. Hills has contracted with Iowa City to
allow private collection agencies to dump
refuse collected in Hills in the Iowa City
landfill. (Since the agreement was made
recently, the terms of the contract are still
being processed. No private collection agency
has been designated at this time.)
C. Refuse pickup is not mandatory in Hills.
However, garbage pickup is financed through
general revenue funds.
Lone Tree
a. Lone Tree does not operate a public collection
service.
b. Lone Tree has contracted with Iowa City to
allow private collection agencies to dump
refuse collected in Lone 'free in the Iowa City
landfill. (Since this agreement was only
recently made, the terms of the contract are
still being processed. Lone 'free has not
designated private haulers at this time.)
C. Lone Tree has not enacted a compulsory pick-
up ordinance.
Oxford
a. Oxford does not operate a public collection
service.
b. Oxford has an oral agreement with Iowa County
to allow private haulers to dump refuse collected
in Oxford in the Iowa County landfill in exchange
for fire protection.
C. Oxford has not enacted a compulsory pick-up
ordinance. It is estimated that 155 Oxford
residents made arrangements with private haulers
while approximately 75 residences haul their own
refuse.
Swisher -
a. Swisher does not operate a public collection
agency.
b. Swisher has made no arrangements w i t}1 the Iowa
City landfill nor any other governmental agency
for the disposal of refuse collected in Swisher.
C. Two private haulers have contracted with indi-
vidual residents in Swisher to collect refuse.
Apparently these haulers dump refuse collected
in Swisher outside Johnson Count, since 1o%�a ('itv
requires commercial haulers to he designated by
governmental agencies.
d. Swisher has considered contracting with Iowa City,
but it is not a high priority item.
Shueyville
a. Shueyville has no contract with the Ioi,,a Citv
landfill and no public collection service.
b. Shueyville is serviced by one private collection
agency. Arrangements are made with individual
residents of Shueyville for pickup service.
Again, the refuse must be clumped outside Johnson
County since Iowa City has issued no hermit Cor
use of the Iowa City landfill.
C. Shueyville does not plan to contract with Iowa
City for use of the landfill. Incineration I)v
individual. residents is a common method of rcfu�e
disposal.
Unincorporated Areas of Johnson Count
a. At the present time, there are two open dumps
in the County --one located near Lone Tree and
one near Williamstown. These dumps are privately
owned and are technically closed by the Johnson
County Board of Health. Johnson County, at the
present time, has no state approved sanitary
landfill sites.
b. Johnson County operates a public collection
service for subdivided areas with relatively
dense populations. The County has contracted
with Iowa City to allow designated private
haulers to dump refuse c011OCted ill unincc,rporated
areas in the Iowa City landfill. (tilt Appendix (;
for terms of this agreement. See Appendix H
for a list of private haulers who have con-
tracted with Johnson County.)
C. Johnson County has no statutory powers or
responsibilities for collection of solid waste
under existing laws
d. The City of Iowa City, with its new state -
approved landfill, is currently acting as a
repository for almost all of the solid waste
produced in the County.
e. Overall responsibility for garbage collection
in unincorporated areas rests with residents,
many of whom use the Iowa City landfill (no
dumping charge for casual loads) or private
dumps. It is estimated that five percent (5$) of
the refuse generated in unincorporated areas
is picked up by private haulers having contracts
with the County or by public collection trucks.
The remaining ninety-five percent (950) is either
uncollected or hauled by residents.
4. Transportation
a. Since almost all solid waste collected in
Johnson County is deposited at the Iowa City
landfill, the type of vehicles used and the
regulations imposed regarding the use of the
Iowa City landfill will adequately describe
the situation for Johnson County. Due to the
limited distances involved, and since this
landfill is centrally located in the County,
no transfer operations are economically feasible
or necessary.
b. Solid waste is transported to the Iowa City
landfill in the vehicle in which it is collected.
C. Cars account for 20 of the waste brought into
the Sanitary landfill, closed trucks 74% and
open trucks 24%. Open trucks primarily trans-
port trees, rubble, dirt , etc. into the landfill.
d. The City of Iowa City has an ordinance that
requires private haulers to obtain a permit from
the City Clerk and have a completely enclosed
truck. The City also has an ordinance on
littering in the public right-of-way For anything
that might fall out of the trucks enroute to the
landf:i 11.
• 10
e. The ordinances are enforced by the Iowa City
Police Department.
f. There are no load limits on any o£ the roads
other than the standard hi.ghivay weight limits
for state highways.
g. There is no maximum size vehicle proposed in
this plan.
h. The City of Coralville kris similar regulations
and procedures pertaining to its collection
and landfill system.
S. Solid Waste Quantities Generated
a. The categories of solid waste being generated
are classified as household ganc�Lge, tree
limbs, building demolition, dirt, rubble and
paper. The amount of each item being generated
is shown in Figure 1. Junk cars, toxic waste
and other types of waste are in very minute
amounts being disposed of in the Towa City
landfill.
b. The present quantity of commercial and household
waste being generated is:
1) An area study of the Iowa City landfill site
indicates that in 1971 approximately S.S
to 6.0 acres were landfilled to a depth of
1S to 20 feet.
2) Assuming that densities :in the landfill are
approximately 900 pounds per cubic yard it
appears that during 1971 about 715,000 tons
of refuse were landfilled.
C. Projected Solid Waste Quantities
1) Current refuse being hauled to the landfill
is an increase in refuse of 800 over 1970
compared with a 7% increase between 1969 and
1970.
2) To estimate future refuse generation rates
two factors were considered:
a) Population growth
b) Refuse generation per capita
As can be seen from Figure II, the predicted
population growth over the next 20 years is
significantly less than the previous 10 years.
Predicted growth rate is approximately la as
compared to the previous 4% per year rate.
The difference between refuse generation and
population growth can be assumed to be
increased refuse generation per capita.
Therefore, the existing 8% increase in refuse
can be assumed to be the sum of 4% population
growth and 4% increase in the amount of refuse
generated by each individual. In calculating
the estimates of solid waste volumes over the
next 20 years, it is assumed that the popu-
lation will increase at the rate of 1% and
the generation per capita rate will increase
at 40. This is a refuse generation rate
increase of 5% per year. Calculated amounts
of refuse and required area are shown in
Figure III. (See Figure IV for amounts of
refuse by type and source.)
a
O
a
H
C
m
E
p
CL
N In V O N r ~ N N N N W Li
In V O O- O N
O V' O l.n O In O In O �_n
Ln
p
r.
En
13
PROPOSED POPULATION GRODJTH
v u o J c) o
rn '`� v Lr)
Ol O , w
YEAR
FIGURE II
YEAR
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
1983
1984
1985
1986
1987
1988
1989
1990
TOTAL
IO{VA CITY AREA REFUSE. GENERATION PROJECTIONS
TONS
75,000
78,750
82,687
86,821
91,162
95,720
100,506
105,531
110,807
116,347
122,164
128,272
134,686
141,420
148,491
155,915
163,710
171,895
180,490
189,514
2,479,888
FIGURE III
AC/ F -F
(based on 1000 Ib/yd')
93
98
102
108
113
119
125
131
137
144
151
159
167
17S
184
193
203
213
224
235
3,074
14
FIGURE IV,'
The following figures are based on i survey conducted
by the City of Iowa City during one week in April, 1971.
'Fable 1
Category
Garbage
Paper
'Free Limbs
Building Demolition
Dirt
Rubble
Total
Quantity in tons
649.4
60.9
403.3
358.9
591.8
46.8
Amount of Refuse by Type of Refuse
'Fable 2
Hauler
City of Iowa City
University of Iowa
Other Government
Commercial Hauler
General Contractor
Private Commercial
Private Industrial
Private Citizen
Total
Quantity in tons
365.3
533.6
10.6
351.0
673.2
61.1
71.7
71.7
2,138.2
Amount of. Refuse by Hauler Category
•
16
d. The City of Iowa City is presently monitoring
the amounts and type of refuse being dumped
into the Iowa City landfill. These figures
will be available within two or three weeks
from the Iowa City Public 4sorks Department.
e. It is estimated that 150 to 200 tons of refuse
a week are dumped in the Coralville landfill.
1) Forty tons per week are collected by the
public collection agency.
2) The remaining quantity is collected by
private haulers (commercial, industrial
or apartment houses).
6. Additional Information Required
a. Soils andgeology
(See Appendix I for Soil and Geology Report
prepared for the Iowa City landfill)
b. There are no zoning regulations 1%,hich make it
difficult to obtain a permit.
C. Public Relations
1) The local newspaper publishes news articles
on any change in standard refuse collection
routes or days as well as articles on inter-
governmental cooperation in regard to the
use and operation of the Sanitary Landfill.
IV. Data Evaluation
A. Responsibility
1. The responsibility for solid waste collection and
disposal in Johnson County is divided among several
governmental jurisdictions. The use of the Iowa city
landfill by most towns and unincorporated areas pro-'
vides centralized control over disposal operations
by private and public collection agenc_i.es. Due to
the requirement for governmentally sanctioned
haulers and contractual agreements, adequate control
is assured by the publically responsible agencies.
B. Type of Container
1. The City of Iowa City has made a number of recom-
mendations in regard to types and location of
containers.
a. There are a number of containers and systems
that can be used :for residential refuse collection.
17
The type of container the City of Iowa City is
presently using is the 20 to 30 gallon standard
garbage can. These cans can be plastic or
metal. The larger containers (8 yards or
more) are located conveniently, generally in an
alley, and used by several households as common
point collection systems. This type of con-
tainer is picked up mechanically by a packer
truck. This method is not considered because
of the many problems in locating containers
as many of the areas of the city do not have
alleys. Another type of container is the
single -use container (plastic bags) and is used
in the same general manner as a standard garbage
can.
b. A study was conducted in January of 1971 by the
Department of Public Works staff on the single -
use container versus the standard garbage can.
The results showed that the single -use container
could be collected in approximately one-half:
the time as the standard container. Both con-
tainers were located at the curbside or alley
line. This can result in changing the crew
-size totwo men and not having to add additional
crews as the city expands. The cost analysis
of the standard container versus the single -use
container showed that the single -use container
would cost the average household $1..67 more
per year.
C. Location of Containers
1. The location of containers is at the curbside or
alley line for collection. No other location will
be considered as other locations are the main scurce
of complaints from the citizenry for misses of
pickup, taking or stealing items from the backyard
or taking cans that were used for storage. The
cost of collection with carry -out or backyard
collection is very high and not practical in our
situation. The present cost for collection is
approximately $14.50 to $15.50 per ton or residential
refuse and $16.00 to $17.00 per residential household
with some backyard and some curbside and alley
collection.
D. Intermediate Processing
1. There is no consideration of any intermediate
processing in this plan. A brief look at the use
of a transfer station shows that the haul distance
would have to be 25 miles to become economical.
The maximum haul distance in Iowa City is 8 miles.
E. Recycling
1. The City of Iowa City is considering a proposal
to institute a pilot newspaper recycling program.
One of the City garbage trucks would be furnished
with a suspended collection rack. Newspaper
bundles could then be picked up and transported
to a recycling plant after passing through a con-
veniently -located transfer station.
2. A car crusher operating in the Johnson County area
encourages the disposal and recycling of abandoned
or junked vehicles.
F. Political Relationship
1. Many of the smaller communities in Johnson Countv
have entered into contracts with the City of Iola
City to dispose of their solid waste at the City
-of Iowa City's landfill.
V. System Plan
A. Location of Disposal Sites
1. As described previously, the City of Iowa City
operates a state -approved landfill operation and
contracts with other governments of the County for
use of that landfill. The City of Coralville operates
a separate landfill which has a limited remaining
capacity. The City of Coralvi.11e is currently
exploring alternative means to accomodate solid
wastes generated in that municipality. Since the
explorations are continuing, this plan makes no
definitive recommendations for the Coralville
portion of the County's solid waste management
system.
2. The City of Iowa City is the main source of solid
waste generation and the present Sanitary Landfill
is located five miles west of the center of the
City. This is the best site in the area considering
all of the factors in selecting the landfill site
and having it approved by the State Department of
Environmental Quality.
B. Storage - Type of Container
1. It is anticipated that in the future n11 of
the households in the County will use single -use
refuse containers (plastic hag or paper hags).
2. It
i's�anticipated that
county -wide
regulations will
be
developed to require
that no garbage
or trash
container shall be stored upon or adjacent to any
street, sidewalk, parkway, front yard or side yard
or other place within view of persons using city
streets and sidewalks. The containers shall be
stored in such a manner that varmints, cats and
dogs will not disturb the containers.
C. Collection and Transportation
I. For wastes deposited at the currently state -certified
landfill, the collection shall be from the curbside
or alley line. The collection will be made by crews
using rear -loading refuse packer trucks. The packer
trucks will then transport the solid waste to the
Sanitary Landfill.
2. Within the urbanized portion of the County, tree
limbs and other bulky items will be picked up by
a flat bed truck and a chipper to reduce the limbs
in size and volume.
3. The collection for all single family residential
areas and apartment houses requiring only once a
week pickup will be done by the City of Iowa City
for both the City of Iowa City and the Town of
University Heights. The University of Iowa will
provide its own collection. The City of Coralville
will follow similar procedures.
D. Recycling
1. At the present time there is no local market for
large volumes of general grade paper. A paper
recycling project is currently being considered
in the City of Iowa City. (See Section IV.)
2. At the present time there is no market for glass
or any type of cans in this area.
E. Ultimate Land Use
1. Refer to the City of Iowa City's application for
Sanitary Landfill permit entitled "A Plan for Opera-
tion of a Sanitary Lan dfillby the City of Iowa City,
Iowa " Permit No. S2 -SDP -1-72P. (Appendix 1)
F. Financing
I. The City of Iowa City financcd the present.`;anitr,ry
Landfill (for which a permit was recently obtained)
by a General Obligation bond issue.
2. Operating costs will b -c --paid for by the governmental
bodies that have entered into contracts with the
20
City of Iowa City in proportion to the number of
tons that have been disposed of from that govern-
ment's area. The cost per ton will be approximately
$1.50 to $2.00.
G. Legal
1. All private haulers shall be licensed by the govern-
ment that the haulers are hauling for or from.
2. Collection will not be made mandatory but will be
made available through either the municipal collection
or private collection. Disposal of the solid waste
will only be allowed at an approved landfill site.
s. The storage of solid waste will be controlled by
ordinance for the City of Iowa City and the Town
of University Heights.
4. The enforcement of these ordinances will be the
responsibility of the Johnson county Health nepat-t-
ment.
H. Accessibility
1. Access to the Iowa City Sanitary Landfill i_s t,v
an asphaltic concrete County road with the last
half mile a gravel road.
I. Land Requirements
1. The land requirements are shown in Figure III for
the next 20 years.
J. Present Dumps
1. The Johnson County Health Department will be
responsible for the proper closing of all dumps
in the area.
K. Administration
1. The City of Iowa City will manage the Sanitary
Landfill for which Permit No. 52 -SDP -1-72P has
been issued. All other governmental agencies
desiring to use the landfill will have to enter
into a contract with the City Council for such
use.
2. Any future landfill operations would be subject to
a state permit which would specify minimum admini-
strative arrangements.
VI. Site Investigation and Design of the Facilitv
A. Refer to the City of Iowa City's application for
a Sanitary Landfill permit entitled "A Plan for
the Operation of a Sanitary Landfill by the City
of Iowa City, Iowa" Permit No. S2 -SDP -1-72P.
(Appendix I)
VII. Governing Bodies Having Agreements
For purposes of thi
the text have been
following page was
ing with Iowa City
with the exception
is part of a larger
21
s document, all appendices listed in
omitted. The agreement on the
used for all municipalities contract -
for the use of the Iowa City Landfill
of University heights, whose contract
agreement.
The following governing bodies located in Johnson County
have agreements with Iowa City for use of the landfill.
Hills
Lone Tree
North Liberty
Solon
Tiffin
Unincorporated
Areas of Johnson County
The following municipalities do not as yet have such
agreements.
Oxford
Shueyville
Swisher
AGIZEEMENT
TMS AGREEMENT, entered into,by -and between the City of Iowa
City, Iowa, a Municipal Corporation, hereinafter called Iowa CitN-
and
hereinafter called
WHEREAS, Iowa City is the owner and operator of a sanitary land-
fill designed for solid waste disposal; said landfill bring located
in Johnson County, Iowa; and
WHEREAS, said sanitary landfill has received the approval for
operation by the Commissioner of Public Health of the State of Iowa,
as prescribed by Chapter 406 of the Code of Iowa; and
WHEREAS, Chapter 406 of the Code of Iowa further requires that
every city, town and county of the State of Iowa shall. provide for
a sanitary disposal project for its residents, approved by the Com-
missioner of Public Health and further provides that said govern-
mental entities may contract -with another governmental entity for
the use of its approved project; and
WHEREAS, pursuant to Chapter 28E of the Code of Iowa and
Section 406.3 of the Code of Iowa, Iowa City and
wish to enter into an agreement that
may use the facilities of the Iowa City Sanitary Land:'i?';r
-.�r:i t
Disposal Project.
NOW THEREFOR BE IT -AGREED BY AND BETWEEN Iowa City ani
as follows:
1. TERP1. That the term of this agreement shall be for a period
of three years, commencing with the date of this agreement, unless
terminated as provided herein.
i
Z. 'I'fiRMINATiON 13Y
IOWA CITY.
That
this agreement may be
terminated by fowa City
by giving
notice
to
in writing as prescr.ibcd in this agreement one (I) year in advance
of the date of the proposed termination.
7. TERMINATION BY That this agree-
ment may be terminated by by giving notice to
Iowa City in writing as prescribed in this agreement ninty (90) days
in advance of the date of the proposed termination.
4. EXTENSION. That this agreement may be extended by the
parties upon the execution of an extension agreement. Said exten-
sion agreement shall specify the period of the extension and the
service rates or charges to be paid by _
to Iowa City and may include such other terms and conditions as the
parties may agree to.
S. JURISDICTION AND OPERATION
The sanitary landfill or sani-
tary disposal project which is the subject matter of this contract
shall be operated by Iowa City and shall be under its exclusive
jurisdiction and control, subject to State and Federal regulations.
Iowa City agrees to operate said sanitary landfill or sanitary dis-
posal -project as required by law and State and Federal regulation,
but in the event that a determination is made pursuant to law or
State or Federal regulation that said project is not being operatec'.
as required and a valid and legal order is entered, cancelling or
rescinding the approval of the operation of said project, this agree-
ment shall be automatically terminated and it is understood and
agreed that Iowa City shall not be responsible .for any damages in-
curred by as a result of Iowa City
being unable to operate said project because of the cancellation or
rescissionof approval for the operation of the sanitary landf:i.11 or
sanitary disposal project by Iowa City.
6. OPERA'T'ION COSTS AND FINANCING. Iowa City shall be respon-
sible for all costs incurred in the operation of said sanitary land-
fill or sanitary disposal project and the only costs to be incurred
by
are the rates or service charges
enumerated in paragraph of this agreement. Iowa City shall be
responsible for all financing involved in said operation and the
entering into this agreement in no way obligates
as to financing and
in no way is
acting as guarantor nor pledges any of its credit or tax revenues or
other revenues except to pay the rate or service charge enumerated
herein.
7. RATES AND CHARGES.
shall
pay to Iowa City a price per ton for solid waste delivered to the
Iowa City Sanitary Landfill or Sanitary Disposal Proiect by commer-
cial haulers designated by
the following formula:
as computed by
All charges shall be based upon an annual cost figure to be
calculated by Iowa City based upon the cost per ton of all solid
waste delivered to the sanitary landfill during the year. The total
annual cost shall be divided by the number of tons of solid waste
delivered to the sanitary landfill. Total annual cost shall include
the following:
a) All personnel cost of individuals working at the site;
b) All equipment operating costs at the site including
fuel, maintenance, spare parts and insurance and all other
equipment costs and repairs;
iii
Agreement' • •
,c) All operational costs of the site, including clean
up and maintenance provided by any other division of the
Public Works Department or other department of the City;
d) Capitalized cost of equipment based upon a five
year life and the capitalized costs of any capital improve-
ments, including fences, buildings or other structures,
including scales, etc.;
e) Capital costs for initial excavation and future
excavation at actual cost;
f) Debt service costs on the retirement of General
Obligation Bonds sold to finance the project; and
g) Administrative costs estimated for the City
Manager, Finance Department, Public Works Department,
Legal Department, and Planning Department.
After establishment of the cost per ton on an annual basis,
there shall be added a ten per cent (100) surcharge. Said sur-
charge to compensate Iowa City for future landfill. site expenses.
The above rate shall be charged for all commercial, construc-
tion or industrial haulers from
as
designated in writing. No commercial, construction or industrial
hauler not designated in writing by a governmental agency shall be
allowed to deposit solid waste at the sanitary landfill.
Casual loads delivered by residents on a non-commercial basis
may be delivered to the landfill without load charge, except that
Iowa City reserves the option to institute such a charge if the
facts at a later date warrant such a charge.
All charges shall be payable on -a quarterly basis as billed,
pursuant to Section 9 of this agreement. On the basis of an esti-
mated cost. At the end of the year Iowa City shall calculate the
actual cost and correction shall be made as to either a credit or
additional billing. Estimated cost shall be for the first year
period $2.35. Estimated cost after one year of operation shall be
the actual cost for _the _preceeding year.
iv
by this agreement to be made to shall
be made by mailing, by ordinary mail, a letter to
All notices shall be effective upon receipt by the addressee.
Nothing contained in this paragraph shall prevent additional or
other notice being given and giving notice which Would exceed the
requirements of this paragraph but the requirements of this para-
graph shall be the minimum requirements for notice under this agree-
ment.
9. BILLINGS. Iowa City shall bill
on a quarterly basis as established by the Finance Department of
Iowa City. Billing periods may be adjusted to a monthly basis or
for other periods, but shall not be for a period less than one
month. All billings shall be due and payable within thirty (30)
days of the receipt of said bill. Failure to pay billings may be
grounds for cancelling this agreement by Iowa City. It is under-
stood and agreed that these billings are charged to
and not its designated haulers and
is responsible for the payment thereof and
failure of its haulers to pay
relieve
10. COMPLIANCE WITH LAW.
does not
of its obligation hereunder.
be responsible to see that all designated haulers from
shall
shall comply with all applicable ordinances,
v
•
Agreement
•
8. NOT ICiiS. All -notices
required by
this agreement to be made
t� 10%.!a City
shall be made by mailing
by ordinary mail a latter to
the Director
of Public Works of
Iowa City,
at said Director's office
in the Civic
Center, Iowa City,
Iowa 52240.
All notices required
by this agreement to be made to shall
be made by mailing, by ordinary mail, a letter to
All notices shall be effective upon receipt by the addressee.
Nothing contained in this paragraph shall prevent additional or
other notice being given and giving notice which Would exceed the
requirements of this paragraph but the requirements of this para-
graph shall be the minimum requirements for notice under this agree-
ment.
9. BILLINGS. Iowa City shall bill
on a quarterly basis as established by the Finance Department of
Iowa City. Billing periods may be adjusted to a monthly basis or
for other periods, but shall not be for a period less than one
month. All billings shall be due and payable within thirty (30)
days of the receipt of said bill. Failure to pay billings may be
grounds for cancelling this agreement by Iowa City. It is under-
stood and agreed that these billings are charged to
and not its designated haulers and
is responsible for the payment thereof and
failure of its haulers to pay
relieve
10. COMPLIANCE WITH LAW.
does not
of its obligation hereunder.
be responsible to see that all designated haulers from
shall
shall comply with all applicable ordinances,
v
grounds for terminating this agreement or for refusing to a]low a
designated hauler to deliver to the Iowa City sanitary landfill or
sanitary disposal project.
]1. NOTICE TO COMMISSIONER. It is understood and agreed that
this agreement is intended to be compliance by
with the requirements placed upon
by Chapter 406 of the Code of Iowa, and the regulations of the Com-
missioner of Public Health and that a copy of this agreement will,
be filed with the Commissioner of Public Health and it is further
agreed that in the event either party terminates this agreement
that a copy of the notice of said termination shall be forwarded to
the Office of the Commissioner of Puhlic Health.
12. DEFAULT. In the event that either party to this agree-
ment breaches any of the terms and conditions hereof, the other
party may elect to declare this agreement to be in default and
terminate same by giving ten (10) days notice thereof. If the party
in default fails to correct its breach within the said ten day
period, the contract shall be automatically terminated. If the
breach is corrected, the contract shall continue on its regular terms
and conditions.
vi
County, Iowa.
Dated this day of 1973
CITY OF IOWA CITY
BY: BY:
MAYOR
ATTEST: City Clerk Clerk
STATE OF IOWA )
SS
JOHNSON COUNTY )
On this day of , A. D. 1973, before me, the
undersigned, a Notary Public in an or said County, in said State,
personally appeared and
, to me personally nown, who, being
y me duly sworn, isay t ey are the Mayor and City Clerk,
respectively, of said City of Iowa City, executing the within and
foregoing instrument; that said instrument was signed on behalf of
the City of Iowa City by authority of its Board of Directors; and
that the said Mayor and City Clerk as such officers acknowledged
the execution of said instrument to bethevoluntary act and deed
of the City of Iowa City, by it and by them voluntarily executed.
vii
S• _ Johnson county
im regional planning commission
221/2 south dubuque street. iowo city. iowo 52240 (319) 351-8556
MEETING NOTICE
Solid Waste Committee
December 13, 1973- 2:00 p.m.
Meeting Room
Iowa City Recreation Center
AGENDA
mcnoei wuucnee
r00011 N0011bef�j
1. Discussion of Solid Waste Plan drafted by staff,
dated December 3„ 1973.
2. Discussion of draft Fiscal 1975 Work Program of the
Regional Planning Commission (particularly as related
to Solid Waste planning).
3. Other Business
4. Adjournment
December 5, 1973
.slb
MAYOR
EDGAR CZARNECKI
COUNCILMEMBERS
C. L -T-- BRAt\NDT
PENNY DAVIDSEN
CAROL d.PROSSE
J. PATRICK WHITE
• • CIVIC CENTER. 410 E. WASHINGTON ST.
IOWA CITY. IOWA 52240 1 e W / K4 ze
319-354-1000
P R O C L A M A T I O N
RAY S. WELLS. CITY MANAGER
WHEREAS, G.LrLt Scouts o6 the United States o6 Amer.ica eetebratez
the 62nd Anniversary o4 tits 6ound.ing on March 12, One
Thousand Nine Hundred and Seventy -hour; and
WHEREAS, this organization, bounded with 18 members in 1912, now
counts nearky hour m.i- Zion g.ir.Cs and adult member6 6rom
every strata o6 our society, and continues to serve weZz
our daughters, oux communities, and our nation; and
WHEREAS, G,ir.L Scouts 06 the United States o6 America .is deep. -y
committed to bu.i.Cd.ing better re-2at.ionzh.ips among persons
o6 aU ages, ret.ig.io nz , races, and natio naf-it.iez ; and .is
v.i.taUy concerned with improving the quaZity 06 aur
environment; and
WHEREAS, we .in Iowa City eon.t.inuaZZy bene6.it by their e66ort6 on
behaZ6 o6 this community.
NOW, THEREFORE, I, EDGAR CZARNECKI, by virtue o6 the authority
vested .in me as MAYOR OF IOWA CITY, hvLeby procZa.im
Manch 10 through 16, 1974, as GIRL SCOUT WEEK .in the
City o6 Iowa City;_ and I do 6urther caU upon a -Z citizens
o6 Iowa City to gEve to the Gi&Z Scouts, now and through-
out 1974, their continuous .interest, cooperation, and
support so that .inereas.ing numbers o6 gi&Zz may bene6Zt
6rom this program.
ayoX owa C ty, Iowa
Dated at Iowa City, Iowa
this 12th day o6 March, 7974
Lf
WILL J. HAYEK HAYEK, HAYEK & HAYEK
JOHN W. HAYEK ATTORNEYS AT LAW AREA CODE 319
C. PETER HAYEK 110 EAST WASHINGTON STREET 337-9606
IOWA CITY, IOWA 52240
March 8, 1974
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: Rezoning Moratorium Question
Mayor and Council Members:
At your meeting on March 5, 1974, you requested an opinion from
my office concerning whether or not the City Council could formally adopt
a moratorium on all future rezoning requests along the Iowa River for one
year, until a study of the Iowa River corridor has been completed by a
consultant, or until the consultant can advise as to the most appropriate
use of the land along the Iowa River, whichever comes sooner.
As I indicated to you at the meeting on March 5, in my opinion it
would not be proper for the Council to formally adopt a rezoning moratorium.
Such a formally adopted moratorium would, in my opinion, be subject to
Court attack as being arbitrary and unreasonable. Zoning regulations are
required by the provisions of Section 414. 3 of the 1973 Code of Iowa to be
made with "reasonable consideration, among other things, as to the
character of the area of the district and the peculiar suitability of such
area for particular uses, and with a view to conserving the value of buildings
and encouraging the most appropriate use of land throughout such city or
town. "
It would, on the other hand, seem to me appropriate for the Council
members to express their opinions individually as to how they would view
future zoning requests along the river corridor. It seems to me that
individual Council members could make it clear, if they so desired, that
they would not be favorably disposed to future zoning requests along the
river until such time as the necessary studies have been completed. The
expressions of such opinions by sufficient number of Council persons and
members of the Planning and Zoning Commission would effectively, it
seems to me, discourage future zoning requests.
Respectfully ubmitt d,
oh W. Hayek
JWH:vb __
WILL J. HAYEK HAYEK, HAYEK - & HAYEK
JOHN W. HAYEK 'ATTORNEYS AT LAW
1EAST WASHINGTON STREET AREA CODE 319
C. PETER HAYEK 10 337-9606
IOWA CITY, IOWA 52240
March 6, 1974
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: Lower West Branch Road
Mayor and Council Members:
Recently you requested a report on the legal status of Lower West
Branch Road. Specifically, you wished to know whether the City had fee
title to the right of way or simply an easement for right of way.
In cooperation with the Department of Public Works, we have
attempted to investigate the early title in creation of Lower West Branch
Road. Since this road appears to have been created in approximately the
year 1860, the Court House records pertaining to it are not clear.
However, as best we can determine an easement for right of way was
acquired rather than fee title. It would therefore appear if this street is
vacated, title to the real estate will revert to the abutting property owners.
JWH:vb
Respectfull submitted,
Haye4- --
k
March 6, 1974
The Honorable Mayor and
City Council of Iowa City
Civic Center
Iowa City, Iowa 52240
Re: S. E. A. T. S. Program
Mayor and Council Members:
Recently you referred to
me
the question of whether or not the
above program must be licensed
or
meet other requirements
of the City.
Section 389. 39 of the Code of Iowa gives cities and towns the power
to regulate and license common carriers such as taxicabs, busses and
the like. Chapter 5. 16 of the City Code of Iowa City regulates "... any
taxicab as conveyance for hire as a common carrier of passengers from
one part of Iowa City, Iowa, to another.... " Although arguably Chapter
5. 16 could be considered to cover the type of vehicles to be operated by
the S. E. A. T. S. Program since there is no further definition in the
ordinance, it would seem to me that the ordinance in question is aimed
at the more traditional type of taxicab.
In conclusion, it would appear that there is no local impediment
to the operation of the S. E. A. T. S. busses in Iowa City. Of course the
program will still have to comply with any applicable State and Federal
regulations.
JWH:vb
Respectfully submitted,
4A
Hayek
MEMORANDUM
DATE: February 15, 1974
TO: Dennis R. Kraft
FROM: Lyle G. Seydel
RE: Proposed Rules for Section 23 Leased Housing
Attached is a copy of the portion of the Federal
Register which contains Proposed Rules for Section 23
Housing Assistance Payments; New Construction and
Existing Housing without Major Rehabilitation. Copies
of this document were provided to the Housing Commission
prior to their meeting of February 6, 1974.
The article in the press is that reporter's version
of the discussion of the document at the Housing Commis-
sion meeting. In addition, the Board of Directors,
Iowa Chapter of N.A.H.R.O. asked that comments be pro-
vided to HUD concerning the proposed rule changes. A
copy of the letter is attached.
There are many factors being changed that should
be considered and discussion of the individual factors
is difficult without detailed knowledge of existing
rules. In fact, the proposed rules are so significant
that the entire program will have to be restructured.
The following are items which I believe will render
the program ineffective.
a. Title of the program. Changed from Section 23
Leased Housing Program to Section 23 Housing Assistance
Payment Program. This change indicates that the problem
is being attacked from an income point of view and not
in the traditional manner of housing. The two are
significantly different. If the federal housing dollar
is to be utilized in providing clean, decent and safe
housing, then h�ousin� is the solution. If the federal
money is to be ut�11 ed to up -grade the standard of
living of the person, then income is the solution. I
believe, here in Iowa City, across the state and nation
there is a housing problem.
b. The proposed rules drastically change the role
of the Local Housing Authority by limiting its responsi-
bilities to; 1) certification of eligibility, 2) determin-
ation of amounts of assistance payments and rendering
that amount to the owner, 3) approval of offers to
lease and the lease itself, 4) reexamination of eligibil-
ity on an annual basis, 5) inspection of dwelling to
insure compliance with existing codes, and 6) authoriza-
tion of eviction.
C. The proposed rules change the responsibilities
of the owner to - complete and total management,
maintenance and operation. These include, but may not
be limited to, payment of utilities (unless paid
directly by family), insurance and taxes; performance
of management functions including taking of applications,
selections of tenant, verification of eligibility,
collection of rent, risk of loss from vacancies and
non-payment of rent by tenant and actual evictions with
with Authority approval.
d. Establishment of Fair Market Rent. This will
be determined annually by HUD. Past experience with
proto type costs in determining the Annual Contribution
Contract indicates HUD's inability to remain current on
a local basis. Under the Fair Market Rent concept I
can see many more problems. Using Iowa City and Coral -
Ville as comparatives, surely, no one can say the
Fair Market Rent for a new unit on the western edge of
Coralville is the same as for an identical unit located
in or near downtown Iowa City. Land costs, taxes,
proximity or location of the unit in relation to shopping,
school, medical, church, transportation and recreation
are such that only a local Authority could reasonably
establish this Fair Market Rent. To use an average will
not produce the desired results.
e. The administrative procedures which an owner
must perform are such that in a tight or "low vacancy
rate" area the owner just simply will not be interested.
For example, the owner must receive application, check
eligibility with the Authority, issue an offer to lease,
obtain approval of lease from LHA,_sign lease with
tenant, sign Housing Assistance Payment contract with
LHA, submit monthly requests for payment, provide a
certification that exposed surfaces are free of lead
based paint - to mention a few.
f. Provisions are made for an automatic increase
in rent to owner, however, no provisions are made for
increasing the Annual Contributions Contract; this may
well leave the-LHA in financial difficulities. Further,
such a policy will tend to prevent those with the lowest
income from obtaining assistance.
1E
Page Three
g. This comment is general. Under present rules
the Authority seeks, negotiates and leases a unit, in
turn, assigns or subleases to an eligible applicant.
A vast majority of the tenants now being served are not
capable of performing these functions. Physical handi-
caps, mental handicaps and the mere fact that they are
welfare recipients will make it near impossible for them
to obtain housing. This I see as perhaps a most important
factor in rendering the proposed rules ineffective.
In conclusion, I wish to point out that the above
comments are my interpretations of the proposed rules
and how a program could or would be administered.
They are based on a publication which requests public
comment and may be changed. It is my opinion that few
changes will be made in the final publication.
One final note. The program now administered may
not be effected immediately. Based on the proposed
rules, programs in existence prior to final publication
of the rule changes may be required to follow the
standards to the extent HUD determines it is practical
to do so. I see this as perhaps phase two of the
conversion.
r -
RVICE REOUEST CITY OF IOWA CITY p
, L/ y7'� IOWA CITY, IOWA N�'H 215 2
Date E' `K- V),X11
Time O >
flow Received: Plmno V L81 �--- -PM
°f 6L 4 ❑ In Person El
I y _ J, &V / t �__ Oear Resident: Ihnnk yuu for calhn
�_ _ _ { Ilm: unllrr
Name_ �� L I.' �C•Gf�C-i•t.r,.e �.- - _ t < ---- to our attention. Please call 354-1800 it you
(j~ �r
Phone-,23,/ 1 7 ♦taus -
Address / Y questions. We welcome your inquiries
�J/ j / and are always at your service.
Request �! (/1Q�-S &.(.
s ,� Lcc.t_ Gtr al[t QCT,
��.!c•
Ll a . %l_•d-c il_
{�
Lt.'(,-- t. <<- �c.;.r. ) t•c..�.: p
cjli- 4-co G(�C� p c cii 9 • `i �L e)"l.
Referred to
Disposition
i
Citizen Notification Date
By
of Disposition: None ❑ This Form
❑ Phone ❑ Letter 13 Personal Visit Ej
n,re
DEPARTMENT BEAD
DATE: March 5, 1974
TO: Ray S. Wells
FROM: Steve Morris, Acting Transit Superintendent d'�"
RE: Mall Route Change Request
Thera are many similar areas of the city where bus mileage could be
reduced by cutting service, but the crux of this request is a preference
for loop versus straight line bus routes. The proposed change would
operate the bus at the lightly populated edge of its service area and
double travel times for those people living near the affected portion
of the route. This route change was authorized on a trial basis by
council and operated from December, 1971 thru April, 1972. During the
trial period, the Rochester -Mall route carried 16% of all passengers.
During the same period the following year, the route carried 20% of all
passengers. Although more substantive data is not available, it would
appear that more people prefer the present routing.
The only impetus for bus service on that section of Kirkwood and
Lower Muscatine has come in the past from patrons of a beauty shop
in the 1200 block of Kirkwood. Various points relative to this request
are discussed in a memo dated January 21 from Dennis Kraft and myself
in response to a letter to council from Della Grizel. The present
Mall route orovides an effective level of service to the area. The
proposed route would quite possibly reduce ridership in the area.
I
CONGRESSIONAL CITY CONFERENCE
March 3-5, 1974
The Federal -Aid Highway Act of 1973 (PL 93-87)
The Federal -Aid Highway Act of 1973 provided for a number of changes in the allocation and
control of Federal highway and transit resources in the nation's cities, with a new emphasis
to be placed on the role of local officials. For the first time since enactment of the Federal -
Aid Highway Act, state and local governments have some flexibility in the use of the Urban
System portion of the Highway Trust Fund. The changes in the Urban System program mark
the first significant and direct involvement of local governments in the Federal -Aid Highway
Program.
Major changes in the highway program include:
--an increase in funding for urban highway programs,
--separate funding for urban and non -urban areas,
--a redefinition of the Urban System,
--a provision that urbanized areas with a population of 200, 000 or more receive funds
earmarked for them,
--a provision that incorporated municipalities with a population of 200, 000 or more
must receive "fair and equitable" treatment,
--local discretion in the use of Urban System funds for highways or mass transit,
--stronger local initiative in planning and implementing urban transportation,
--increased funding for planning purposes, with a portion of the Highway Trust
Fund planning funds to be apportioned to metropolitan planning agencies, and
--the option to substitute a controversial or nonessential Interstate segment for
a mass transit project.
Many of these changes could provide new options for local governments. The Department of
Transportation regulations and guidelines, now being formulated for the administration of the
program, will be a key factor in determining how effectively the program will operate at the
local level.
The Federal -Aid Highway Act of 1973 authorized $1.07 billion in FY 74 and $1.1 billion
annually for FY 75 and FY 76 for Urban Extensions and the Urban System. Additional
authorizations were provided for the Urban High Density Traffic Program and for the
Priority Primary System.
The Act also authorized an additional $3 billion in contract authority for the Urban Mass
Transportation Administration and increased the Federal share for capital grants from a level
of up to 66 and 2/3 percent to a mandatory level of 80 percent.
-2-
Mass
2-Mass Transit Operating Assistance (S 386)
On February 20, the House and Senate Conferees reached agreement on S. 386, "The
Emergency Urban Mass Transportation Assistance Act of 1974. " This compromise bill
would make $800 million available for FY 74 and FY 75, to be used for operating assis-
tance to improve or maintain transit service or for mass transit capital projects.
funds would be allocated to urbanized areas based on the following formula: 50 percent
relative urbanized population, 25 percent relative revenue passengers, and 25 percent
relative vehicle miles. In urbanized areas in which 75 percent of the population is
served by a public transit authority or by a local public body providing transit services,
funds would be passed through to a designated agency. Where there is no such local
authority or public body, the funds would go to the governor.
The Federal share of project costs could not exceed 80 percent. State and local govern-
ments would be required to maintain their efforts in subsidizing transit operations.
House floor action on S. 386 could be as early as the week of March 4. All members of
Congress should be urged to support S. 386, to provide immediate relief for cities'
transit systems, through a capital and operating assistance block grant program.
Airport Development Act of 1973 (PL 93-44)
The Airport Development Act of 1973 extended the contract authority authorization for the
Airport and Airway Development Act for another two years and raised the annual minimum
authorization from $280 million to $310 million. The Federal share for airport certification
and security costs was raised to 82 percent and the Federal share for ADAP grants to all
airports that enplane less than 1 percent of the total national enplanements was increased
from 50 percent to 75 percent. Federal funding for airport terminals was not included in the
Act.
The Unified Trans
'tation Assistance Program
3035 and H. R. 12859)*
On February 13, the President sent his "Unified Transportation Assistance Act of 1974" to the
Congress. The legislation would authorize approximately $16 billion, over the next six years,
for a Unified Transportation Assistance Program (UTAP) for highways and mass transit in
urbanized areas. For the first time, the Administration has proposed making some federal
funds available for mass transit operating subsidies.
The proposal calls for a total of $2.5 billion in FY 75, $2.6 billion in FY 76, and $2.7 billion
annually from FY 77 through FY 80. From FY 75 through FY 77, $1. 1 billion of the total
annual amount would come from the Highway Trust Fund, and $1.4 billion in FY 75, $1. 5 bil-
lion in FY 76, and $1. 6 billion in FY 77 would be authorized for transit from the general fund.
*For additional information, see "The Unified Transportation Assistance Act of 1974,"
WASHINGTON ANALYSIS, Number 2, March, 1974, NLC and USCM.
Of the annual totals authorized for transit, $700 million per year would
retained by
Secretary for expenditure only on urban mass transit capital grants; the states would be e
apportioned the remaining $700 million in FY 75, $800 million in FY 76, and $900 million
in FY 77 to be used for capital or operating costs. Beginning in FY 78, the entire funding
for urban highway and transit programs would come from general revenue.
The proposal calls for substantial and immediate changes in the Federal -Aid Highway Act
of 1973 and the Urban Mass Transportation Assistance Act of 1970. Instead of continuing the
present UMTA program of providing capital grants directly to local authorities, a portion
of the mass transit funds would be apportioned to the states, as they are in the highway
program.
The Federal share would be changed from a current level of 70 percent for urban highway
programs and a mandatory level of 80 percent for mass transit, to a level of up to 80 percent
for transit and urban highways. These funds would be avilable only for use in urbanized areas
with a population of 50,000 or more, thus eliminating eligibility for urban areas with a Popula-
tion of 5, 000 to 50, 000 as provided in the 1973 Highway Act. These areas with a population of
5,000 to 50,000 would receive funding from a separate rural program. Currently, funds are
earmarked for urbanized areas with a population of 200, 000 or more; this would be raised to
400, 000 or more. Up to 40 percent of the Primary, Secondary, Urban Extension and Urban
System apportionments could be transferred among any of these systems and the entire
apportionment for Urban Extensions could be added to the Urban System. Current law does not
permit transfer of funds between rural and urban programs, although it does allow up to a
40 percent transfer between Urban Extensions and the Urban System.
The UTAP proposal would cover the perio-:i from FY 75 through FY 80. From FY 75 through
FY 77, approximately one-half the total funding would come from the urban transportation
programs funded by the Highway Trust Fund. In the first year the proposed program would
utilize $1.1 billion from the Highway Trust Fund and $1.4 billion from existing UMTA contract
authority, for a total of $2. 5 billion for urban highway and transit programs. At the end of
FY 77, when the Highway Trust Fund is due to expire, the funding would have to come from
general revenue or some other source. This means that a substantial portion of guaranteed
funding from the Highway Trust Fund would be allowed to lapse at the end of FY 77, and the
main burden for funding the program would fall on the next Administration. The Senate Public
Works Subcommittee on Transportation (Bentsen, D -Tex. , Chrmn.) has announced field
hearings on UTAP, transportation planning and the energy crisis. The hearings will begin
in March and continue through the summer.
New Contract Authority for Mass Transit
The 1970 Urban Mass Transportation Assistance Act provided $3. 1 billion in contract authority
for mass transit. These funds were authorized for the 5 -year period from fiscal years
• 1971-1975. The 1970 Act provided for updating the contract authority every two years there-
after. Because of the one-year delay in the Federal -Aid Highway Act of 1973, which did provide
$3 billion in new contract authority, an update of the UMTA contract authority should take
place in this session of Congress to cover the period from FY 75 through FY 79.
-4 -
*The capital grant program continues to fall far short of the estimated bus and rail require-
ments of the nation's cities. Pending capital grant applications now amount to about $6 billion.
Increased capital and operating assistance needs resulting from the EPA transportation control
strategies to implement the Clean Air Act of 1970, and additional costs and requirements
resulting from the energy crisis, strengthen the need to immediately enact a Federal program
for operating assistance and provide a significant increase in contract authority to cover
FY 75 through FY 79.
Charter Bus Amendment to the Federal -Aid Highway Act of 1973
The charter bus provisions (Section 164 (a)) of the Federal -Aid Highway Act preclude the
purchase of buses from UMTA funds or through the Highway Trust Fund option, unless the
applicant agrees not to engage in charter service outside its regular service area. This
provision makes it impossible for applicants, that want to continue to have the option to
provide charter services, to utilize grants for bus purchases under the UMTA program or
under the Urban System portion of the Highway Trust Fund.
The Senate passed legislation that would have amended the provision for the UMTA and the
highway program, but the House supported an amendment that applied only to the UMTA funds.
In January, President Nixon pocket vetoed the compromise bill that would have amended the
charter bus provision to allow applicants for UMTA grants (but not under the highway option)
to engage in charter operations that in the opinion of the Secretary, did not "foreclose" private
operators. Justification for the veto was that it did not apply to both the UMTA program and
the Highway Trust Fund.
On February 7, a charter bus amendment that would change Section 164 (a) to allow the
Purchase of buses for applicants that engaged in charter operations that did not "foreclose"
private operators was added to the Housing and Community Development Act of 1974.
Immediate Legislative Interest
In discussing transportation legislation with members of your Congressional delegations, some
of the key issues of interest to the cities are the immediate passage of the operating subsidies
bill and consideration in this session of Congress of new contract authority for the Urban Mass
Transportation Administration, the charter bus amendment to the Federal -Aid Highway Act
of 1973, and the Administration's UTAP proposal.
Quick action is expected on S. 386, "The Emergency Urban Mass Transportation Assistance
Act of 1974. " House floor action could take place during the first or second week of March.
ALL MEMBERS OF CONGRESS SHOULD BE URGED TO SUPPORT S. 386, to provide
immediate aid for cities' transit systems through a capital and operating assistance block
grant program.
Members also should be urged to support the charter bus amendment that would ch
ange
Section 164 (a) of the Federal -Aid Highway Act of 1973, to allow the purchase of buses for
applicants that engaged in charter operations which did not "foreclose" private operators.
This amendment has been added to the Housing and Community Development Act of 1974.
Under current law, it is impossible for applicants, that want to continue to have the option
to provide charter services, to utilize grants for bus purchases under the UMTA program
or under the Urban System portion of the Highway Trust Fund.
The Congress is expected to consider the Administration's UTAP proposal over the next
several months, however, it will involve extensive hearings and consideration by the
Congress.
NUMBER ONE
E&XM.4
NATIONAL LAND USE PLANNING LEGISBTION (II)
FEBRUARY 1974
INTR0IJUCTION
25OUIREMENTS
OF A STAIE PROGRAM
The House Interior and Insular Affairs Com-
mittee reported H.R. 10294,
The
bill does not call for federal controls
the Land Use
Planning Act of 1974 on February 13, 1974.
over land
use, and minimizes federal substantive
A
similar bill, S. 268, passed the Senate on
controls
The bill
over the land use planning process.
requires, as
June 21, 1973 (see WA #7, October 1973). Floor
funding,
a condition of federal
that the
action is expected by the first week in March.
cess follow
state's land use planning pro -
certain
procedures. These proce-
dures include:
The stated purpose of federal land use
legislation is to change the present institu-
*
the designation of a single
tional arrangements for decision-making affect-
state
agency to coordinate land
ing land uses which will have an impact on more
use ac-
tivities;
than one local jurisdiction. The central theme,
according to the Committee Report, is greater
public involvement
0
creation of an inter -governmental ad -
in these decisions of more
than local significance. However, the Committee
visory council composed of repre-
contends that these changes will not infringe
g
sentatives of general
g purpose local
"upon the rights of States or counties
governments to review and recommend
or
cities --or their citizens." The enunciated
changes in the land use planning pro -
Policy of the bill is to encourage the States to
cess;
develop effective land use planning and
decision-making
•
development of a data base for land
processes which provide for pub-
lic and local
use decisions;
government involvement, while
encouraging cities and counties to exercise im-
•
provision of technical assistance and
plementation authority.
training for state and local person-
nel;
SUftRY
,
assurance of full participation of
The reported bill would encourage the
and coordination with local govern -
govern-
states to develop a comprehensive land use plan-
ments
ning process and methods to implement that
process. States would not be required to plan
0
consideration of the demands for land
or implement for all land uses; in fact, only
of various uses, their costs and ben -
those critical areas and land uses that
efits, including impacts on local
are
identified through the planning process as being
property taxes;
emore than local significance come under the
nd use program. In other words, all areas and
uses are excluded unless specifically included.
• criteria for and the designation of , .-lands, emphasizing critical areas, and would
critical areas and land uses, have to coordinate with states and local govern -
including an appeal or petition me- ments within the scope of public land purposes
chanism for cities over designations already established.
or exclusions; and
• development of substantive state
policies and criteria for their
implementation.
The state would have three years to
inventory its resources and designate critical
areas. The state would have an additional five
years to establish a program to implement its
planning process to assure that land uses in
critical areas and critical land uses are con-
sistent with the planning process. Implemen-
tation would be directly by the state, by
general purpose local governments, subject to
state review, or a combination of the two. The
bill strongly encourages implementation by
general purpose local governments and regional
associations of general purpose local govern-
ments for planning, review, and coordination for
land use decisions of regional implication. In
questions concerning the consistency of local
actions with the state planning process, an
appeal mechanism must be established with the
burden on the state to demonstrate that local
actions are not consistent with the state's pol-
icies and criteria.
RELATIONSHIP TO COASTAL ZONE MANAGEMENT
The land use bill would complement the
present Coastal Zone Management Act (CZMA). In
effect, a line would be drawn between those
areas where CZMA applies, and those areas
covered under the land use bill. The CZMA would
deal with transitional and intertidal areas,
salt marshes, wetlands, beaches, and coastal
waters. If the state does not have an approved
CZMA program after June 30, 1977, then the -land
use law would apply to the whole state.
The program authorizes up to $100 million a
year for 8 years for grants to the states, and
$10 million to the Department of Interior for
administration. Grants to states would be allo-
cated by the Secretary of Interior based on a
formula developed by the Secretary, based on
state land resources, population, pressures from
growth, land ownership patterns, extent of areas
of critical environmental concern, financial
needs, "and other relevant factors." The federal
share would be 75% of project costs. There
would be a maintenance of effort requirement on
the states. Each state would be required to al-
locate a portion of its grant funds to local
governments for planning and implementation.
THE FEDERAL ROLE
Federal `agencies would be prohibited from
interceding in management decisions regarding
the state planning process. On non-federal
lands, federal actions that significantly affect
land use must be consistent with the approved
land use program, except in cases of overriding
national interest as determined by the Presi-
dent. Local governments and states seeking
federal assistance for projects significantly
affecting land use (except revenue sharing) must
have the views of the Governor and/or state
agency, as well as local governments and area -
wide agencies as to the consistency of the ap-
plication with the state land use program.
Throughout the bill, the procedures established
under OMB Circular A-95 would be the basis for
reviewing consistency.
The bill would not change existing law
regarding Indian reservation or tribal land use;
•a federal study of the problem would be re-
quired. The appropriate federal agencies would
be required to inventory and plan for federal
The Committee voted to delete a requirement
for an Office of Land Use Policy Administration
within the Department of Interior; this was an
accommodation to the Administration's proposal
to reorganize the Interior and Commerce Depart-
ments into a new Department of Energy and
Natural Resources. The Department of Interior,
while administering the program, would be ad-
vised by an Interagency Advisory Board (IAB)
composed of representatives of states, local
governments, and areawide and inter -state agen-
cies. The IAB would review applications for
land use grants and advise the federal agencies
and Interior on land use issues, regulations,
policies, etc.
ANALYS I S
7
The pending land use .legislation must be
analyzed in the context of three distinct but
elated trends: conservation of natural re-
urces, decreased local control over land use
decisions, and "New Federalism."
The first trend is marked by revised life-
styles brought about by a growing recognition of
the scarcity of our natural resources, including
land, and the necessity for their increased con-
servation. The conservation of land, or its
"non-use," has become a legitimate and desirable
land use. However, it is a fact that our pop-
ulation will increase and that Americans expect
and are entitled to economic, social, and phys-
ical opportunities and mobility. Conflicts
therefore are inevitable over what is a wise and
balanced use of our scarce land resources.
The second trend is related to the mechan-
isms for resolving such conflicts. There is a
growing recognition and acknowledgement that
many issues cannot be resolved at the local
level. Local governments may not have the au-
thority or capacity to deal with issues of more
than local significance, such as pollution con-
trol, transportation, and the control of sprawl
in unincorporated urban fringes. Courts have
overturned local land use laws because they
failed to consider adequately regional, state,
or national interests. Federal legislation has
vested primary authority over air pollution and
water pollution control with the states, and re-
quires regional consideration for highway and
other transportation programs. Land use is a
major factor in all of these programs, so that
any proposed "national land use law" will be
s,,jpplemental to these planning requirements, and
not in lieu of them. States are adopting
general, comprehensive land use laws as well as
covering special uses, e.g. coastal zones and
flood planes. In the absence of any federal law
governing the procedures under which the state
land use program operates, the state is within
its own limits of discretion as to the degree of
responsibility and coordination local govern-
ments are allowed. The status of local govern-
ments as creatures of the states emphasizes the
precarious position cities occupy in the
inter -governmental framework for dealing with
land use decisions.
The third trend affecting the direction of
national land use legislation has been "New
Federalism," or the turning of power away from
the federal government in Washington out to
states and local governments. Unfortunately, the
concept of New Federalism during actual imple-
mentation has often been defined to exclude
cal governments. The Clean Air and Law
forcement Assistance Act of 1970 both illus-
trate the dangers to local governments when
cities are not clearly written in as major
actors; under both programs, cities frequently
have been excluded from active policy involve-
ment.
More recently, there has been an improve-
ment in this trend. The Federal Water Pollution
Control Act Amendments of 1972 placed the pri-
mary burden of planning and implementing water
Pollution control programs with areawide agen-
cies, designated by the Governor and composed of
local representatives. Revenue sharing estab-
lished a direct federal -local funding relation-
ship, virtually amending the Constitution by in-
directly writing cities into the federal system.
The Federal -Aid Highway Act of 1973 strengthened
the role of cities in urban transportation, but
also strengthened the powers of the agencies
performing the required areawide comprehensive
transportation planning function.
National land use legislation, which has
been pending since the 91st Congress, has under-
gone significant transformation, reflecting the
increasing sensitivity of the Congress to the
inadequacy of a "New Federalism" that lumps
cities and states together. Where once it was
silent on what role, if any, cities had to play
in the land use planning process, it now empha-
sizes the role of local governments and details
the various points in the process at which local
governments' interests must be protected.
These trends come together in the pending
land use legislation, calling upon the states to
work with local governments to develop a
stronger decision-making process to resolve com-
peting and conflicting land uses.
IMPACT ON -LOCAL -GOVERNMENTS
uontiicts will remain under the land use
legislation as to what are the uses of the land
and who determines what is "best." The states
already have this authority, and it will not be
enhanced or diminished in any substantial degree
by this federal legislation. Accepting some
increased state role arising from this legis-
lation --because the states want the federal fi-
nancial assistance or are able to legitimize
their power grab through the federal law- -the
federal land use law would act as a constraint
on that state authority. The states will have
to develop procedures to assure the primary
function of local governments, and to assure
that local governments are represented in de-
veloping those procedures. What the procedures
will be, and how they will be developed and
implemented will be left up to the states and
local governments. At least, however, local
governments are assured a major role.
Because the land use legislation is a pro-
cess of limitation, with lands and uses excluded
unless included, the limitations on the fi-
nancial and staff resources of the states, and
the fact that most of the land uses and critical
areas will occur outside urbanized and developed
areas will further lessen the direct impact on
local government prerogatives. Cities _could -
expect that their powers will be increased over
land uses on the urban fringe because the de-
cision-making process regarding such uses will.
now have to involve them significantly.
The land use bill would also incorporate by
reference the various substantive environmental
standards already adopted by Congress; it does
not add new substantive requirements. The state
land use planning process would have to assure
that there are methods to prevent land uses that
would violate applicable air, water, and other
environmental standards. The land use law's
procedural requirements could provide the
structure for all the environmental planning
requirements, thus further strengthening the
Position of local governments. These procedural
protections of the land use bill are intended by
the House Interior Committee to apply to the
substantive environmental programs.
The coordination requirements of the bill
would have disadvantages for cities as well as
advantages. Additional layers of decision-mak-
ing, without adequate funds, expertise or staff-
fing, could create delays and duplications. The
regional planning agencies will become stronger
in their review and comment powers, so that
cities may wind up trading federal and state
controls for regional ones.
The statutory burden on the states to
demonstrate that local actions are not consis-
tent with the land use planning process may be
the most significant and precedent -setting
requirement of H.R. 10294. But even with this
major protective device, the state will have the
authority to disapprove and order revisions in a
local land use action. Such state review would
be based on consistency with state standards and
criteria, and only for designated land uses and
areas. This is an additional constraint on the
states, but still an added burden on local dis-
cretion.
C011CLUSION
On balance, the limited scope of H.R.10294,
the protections for local governments, and the
potential increases in local participation in
land use decisions beyond their boundaries out-
weigh the disadvantages of encouraging in-
creased state land use controls and regulations,
delays and costs attributable to added layers of
goverment and procedures, and a 'greater federal
presence in land use decision-making. Since
the states already possess the authority to reg-
ulate local government land use actions, it is
best that such exercise of authority
to as many explicit protections for
as many constraints on the states as
be subject
cities, and
possible.
The adoption of any federal or local Land
use program should not be considered the final
step toward resolving conflicting uses of land.
The institutional constraints are only one fac-
tor in determining how our lands are used. Fed-
eral tax policies, facility location decisions,
housing and transportation investment policies,
energy facilities siting, and population distri-
bution policies will contribute to the actual
land use and national growth decisions of the
nation. The Congress must address itself to
these major questions if the goals of the land
use legislation are to be fully realized.
L $�
Briefing Paper
• TRANSITION FUNDING NEEDS/COMMUNITY DEVELOPMENT
Background
Fiscal Year 1974 (July 1, 1973 --June 30, 1974)
At the beginning of FY 74, the Administration had unilaterally terminated the following HUD
community development categorical programs: basic water and sewer facilities, open space
land, neighborhood facilities, rehabilitation loans, and public facility loans. The total in
impounded funds for these five programs at that time was $530 million. For the urban
renewal and model cities programs, the Administration argued that no additional funds were
necessary and that sufficient commitments had been made during the latter part of FY 73
to assist participating communities in completing activities already underway so that the
two programs could be shut down on June 30, 1974. The new community development block
grant program was projected by the Administration to begin on July 1, 1974.
NLC and USCM opposed this short -funding approach of the Administration and urged the
Congress to approve additional appropriations for these programs and to seek to require
the President to spend the impounded funds already available. Congress responded by
appropriating $600 million for urban renewal, $150 million for model cities, and $25 million
for open space land projects. In addition, Congress called upon the Administration to
release impoundments for the water and sewer, open space and rehabilitation loan programs.
After the President signed the FY 74 HUD Appropriation bill into law, his Office of Manage-
ment and Budget decided to release the following amounts: $322.5 million for urban renewal,
$75 million for model cities, and $60 million for rehabilitation loans. The balances available
were frozen by OMB, bringing the total in impounded HUD community development funds as
of March, 1974, to over $880 million.
Fiscal Year 1975 (July 1, 1974 --June 30, 1975)
The President's budget proposals for the upcoming FY 75 project the start of the new
community development block grant program on July 1 at a $2. 3 billion level. The impound-
ment total by July 1, with repayments into the various revolving loan funds, would have
topped the $900 million mark. Thus, if Congress were to approve the $2.3 billion level for
the block grant, it would constitute a net addition of $1.4 billion for these purposes above
those made available by Congress previously (i. e. $2.3 less $.9 = $1.4).
The Problem
The NLC and USCM remain committed to early enactment of community development block
grants --the number one legislation priority for both organizations this year. However, all
indications are that Congress will be unable to complete action on the pending omnibus
housing and community development bill before the beginning of the next fiscal year (on
July 1). Judging from the discussions now going on between HUD and the House Housing
Subcommittee, the block grant program would likely not be operational before January 1, 1975
(mid -FY 75) at the earliest. Thus, additional funds will have to be provided during the
interim period to maintain the existing local capacity and momentum built up over the years
in the existing programs.
-2 -
If the interim period were to stretch well into ,the next fiscal year, city officials would look
to Congress to reauthorize and fund the existing programs at reasonable levels. During FY 73 --
the last fully funded year for these programs prior to the Administration's cuts and termina-
tions --$940 million was provided by HUD for urban renewal and $640 million for model cities.
We would look to Congress to provide similar figures for an extensive interim period
between now and the start of the new block grant.
Strategy
The most important message to get across to the Congress is the need for some form of
transition funding between now and the start of the block grant program. Particularly for
programs such as urban renewal, model cities, and rehabilitation loans, the length and scope
of the federal investment to date in the development of local government's capacity to deal
with its problems is substantial. This costly investment should not be allowed to wither
away during the final months before the beginning of a newly reconstituted form of federal
community development assistance. A reasonably funded and smoothly administered transi-
tion plan will be vital to the early success of the block grant program.
Because of the uncertainty at this point in the precise timing for the start of the block grant,
the exact strategy for approaching the resolution of the transition issues is also unclear.
Therefore, city officials should take this opportunity to convey to the Congress the need for
some sort of rational interim funding approach which will allow those communities with
ongoing activities to continue forward until the new program begins.
•
0
rn\1 MUNnT OLVCLUI'Mr.NT AND IIOUSINa
The Adminlatratlon's tY 75 budget for the
Department of Housing and Urban Develop-
ment agaln proposes new and reformed ap-
proarhes to the nation's housing and com-
munity development programa.
The President is requesting 05.1 billion
is, new appropriations for the department's
progrluus, up from the current (local year's
actual level of 83.5 bill Ion.. Most.. of this
Inrreme Is premised upon Congremlonal en-
actment and funding of the proposed now
(,,immunity development block grant. pro-
gram.
During PY 74. Impounded funds will con-
atltute approximately 24 percent (61.1 bil-
lion) of the department's total available
budget authority. In PY 75, Impoundments
arc projected to equal 19 percent (612 bil-
lion, depending upon Congressional approprl-
ntlon acts)of total HUD fonds available for
nrw commitments.
In the area of housing, the budget oon-
tinuee to reflect the Administration's deci-
sion announced a year ago, to terminate all
except a -revised leased housing program fi-
nanced through public housing. Also, as pm -
posed one year ago, the bulk of funds to be
appropriated for the Section 701 Compre-
hensive Planning Programwould be chan-
neled through the states, rather than have
pardons flow directly to cities and areawlde
organizations as has been the case In past
years. lethally, HUD's research and technol-
ogy budget would continue W Increase.
The following analysis of HUD's PY 76
budget is divided Into three groups of pro-
grains—those being proposed for consoltds-
uon Into the community development block
grant; planning and research activities: and
bnaeing
C.�]I AfvNrrY axYxI.OPMENT (TAe.0
HUD -1)
For the fourth successive year, the pro-
pusad budget sets forth the Administration'@
support for legislation which would oonsol-
Idatc HUD's major community development
categoricals Into a single community. devel-
opment block grant (this year called "The
Better Communities Act" by the President).
Seven existing programs are proposed for
Incluslon to the block grant --urban renewal.
model cities, neighborhood faculties, basic
water and sewer facilities, open space land,
rehabilitation loans, and public facilities
loans. For the third year In a row, the Ad-
ministration Is proposinganInitial funding
level of $2.3 billion far the block grant which
Is projected by the President to begin July 1.
1974.
The budget eonarma Administration dect-
swas made within the past few months to
Increase the Impoundment of Congression-
ally -approved funds for the various existing
Community development programs to over
60 percent of the total CD funds available in
_._.._... PY 74. Since theAdministrationpresumes
the etac ft ent of the successor block grant
legislation prior to July 1, 1974, the budget
reflects the ongoing efforts by HUD to ter -
0
EXCERPT FROM
"THE FEDERAL I3UDCET AND THE CITIES"
March, 1974
minate all of the existing commnnity det'el-
opment categorlcals by June 30. 1874.
Planning and research (Table HIID-111
Section 701 Comprehensive Planning—One
year ago, the President proposed an increwsc
In the funding level for the 701 program to
•110 million, a rise of 810 mJHlon. Congrem
not only did not agree to t'he Increase, It
rut the program to 875 million. This year,
the President again proposes a 8110 million
level. list October, the President sent the
Congress his "Responsive Governments Act"
calling for a maw. approach to the 701 pro.
gram. The budget urges Congress to approve
this legislation quickly.- In the meantime.
HUD has acted administratively to shift the
focus of and control over the 701 program
to state governments as much as possible
under the existing statute. Presented by HUD
with the option of taking over the 701 fund -
Ing system In PY 74 or 75, nearly 40 states
have chosen to take control during the cur-
rent PY 74.
Research and technology—The budget rec-
ommends that HUD's research and tech-
nology funding be raised from 865 million
to $70 million. Of this amount, over 817
million would be allocated to the depart-
ment's "direct cash assletance" or housing
allowance experiments, up from just over
815 million In P!. 74. _
Housing (Table HUD -III)
In September, 1973, the President an -
trounced the completion of a nine-month
long HUD study which he obarwcterlxed se
Supporting the Administration's contention
that the existing federally-malsted housing
programs had "failed." The President set
forth an Interim program of moderate pro-
ductton levels through a revised Public Hous-
ing Section 23 leasing program .Ind through
s limited lifting of the freeze on leHA's Sec-
tion 23a multi -family rental program during
the balance of PY 74. The long-range pro-
gram for the Administration would be a
direct caehwistance (sometimes referred
to as a housing allowance) program which
the department Is now studying further.
The budget shows the complete relnetl-
tution of the freeze on the existing programs,
Including Section 238, by June 30. After
July 1, all production would be carried on
under the revised Section 23 leasing pro-
gram. No units have yet been processedor
constructed under this revlsed program. Reg-
ulatlons setting up the revised procedures
have only just been released by HUD for
comment. The budget projects this new pro-
gram to produce 118.000 units of housing
before the end of PY 74 and 300,000 units
In leY 75 (see Table HUD -IV).
For the existing Inventory of public hous-
Ing units (new over 1.1 million), the budget
shows an Increase 7n operating subsidy funds
from 8380 million to 0400 million.
Impoundments (Table HUD -V)
Por the fourth successive year. HUD's
budget will be subject to substantial fund
holdbacks or Impoundments, Shoe " 71,
when the present practice of Impounding
urban funds began, at least 17 percent of
HUD's available budget authority has been.
frozen each year. In PY 74, the figure is
projected at 24 percent. For PY 75, the pro-
portion would depend In large measure upon
whether a new community development
block grant program funded It $2.3 billion
In enacted ae envisioned by the budget.
CODIDIent
The President's PY 75 Budget for the De-
partment of Housing and Urban Development
contains both good news said bad news for
cltlee. To begin with the good, this year's
budget contains a minimum amount of
"failure" rhetoric relative W last year's pres-
entntion regarding HUD's existing housing
and community development programs. City
support for reforms and consolidations In
HUD's system of grants to urban areas has
been based on a desire to Improve on the
successes of past and present efforts. Clues
believe that a similar positive approach by
the. Administration would help appreciably
III the task of selling the needed improve-
ments to the Congress.
The President Is to be commended for his
continued support for the principle of a com-
munity development block grant program.
Unfortunately, the Adminlstratlon's ap-
proach to the funding of the existing com-
munity development categorical programs
during the Interim promises some rough
times ahead for titles. The budget—and
HUD's specific funding Instructions to their
field offices—presume the availability of an
operational block grant program by July 1.
1974. With this goal In mind. HUD 1s now In
the process of terminating all activities un-
der the existing programs by June 30. How-
ever, all Indications on the legislative side
are that Congress will not be able to make
that deadline. Thus, there Is the prospect of
considerable confusion and frustration, not
to mention lost local capacity and momen-
tum, during the traneltlon to a new progrnun
when It does finally become available. It
should also be noted that the Adminlstra-
tlon's proposal for an Initial funding level
for the block grant of 02.3 billion has not
changed over the past three years, seemingly
Ignoring the toll which Infiatl,in has taken
during that time.
On the housing side, the President's decl-
Ston to support production levels for aubst-
dlzed housing of about 300.000 units for both
" 74 and 75 Is welcome, even though these
moderate levels are about one-half of the
peak le.l attained 1n FY 72. The concerti,
however. Is that a large portion of the pro-
jected production In PY 74 and all of the
production for FY 75 is scheduled to occur
under a revised Section 23 leasing program
which has yet to be tested. It can only be
hoped that the widespread opposition which
has greeted the department's recently re-
leased new regulations for flection 23 does
not portend a substantial shortfall below
even these moderate production levels.
The President's Support for Increased
funding of Section 701 Comprehensive Plan-
ning programs Is gratifying. However, the de-
partment's actions In bringing nearly all of
the states Into a poeture of controlling the
flow of 701 funds to cities and areawlde agen-
cres is already causing considerable dlfEcul-
tles around the country. Considering the
fact that the Senate Committee with juris-
diction over the "Respomlve Governments
Act" rejected It almost In tato last Decem-
ber. It would appesr to cities to be particu-
larly Irresponsible for HIID to proceed with
Its plans for a state-run 701 program.
• TABLE HUD I.—COMMUr11TY DEVELOPMENT PROGRAMS
tin million of dollanl
1 All 7 eehting cotor rksl ceammmNy development prs9nm an p an le be consolidated 1gy, 000.000 tlrryewrylr Q 000,000 in npaymenh M wall n@
runt
Imo tingle community devM4plmnt Mod re ��r�0190n7em to begin July 1, 1974 (1MM Tear 1975). 1 lttdudw nddNMnM {{10,000, In rpgmenN to revolving fund.
The blah nig le protected le tla9ln at 22,900.eg0. 1 Irfudr addNNnM i19,000,0001n npaylmnts to revolving fund.
17400,000,000 carryover, program administratively from Jen. 5, 1973. 1 Net applicable.
1550,000,000 catryover sad 675,000,000 mm approprptiom: program adminiat(stivMy fnym
Jan. 5, 1973.
TABLE HUDIl.—OTHER COMMUNITY DEVELOPMENT. PLANNING, AND RESEARCH PROGRAMS
(in millions of dollars)
Fiscal Yost 1974 Fiscal year 1975
Appraprielim
Rsca1 year 1974
Apprpriatim
Estimated
fiscal You 1975
(aelual)
obliEWons
AgleprlMlon
Estimator
Cattyovor
Appropriation
Estimated
Carryover
Commundy development programa'
(actual)
obligation spprpriHrmr
(request)
oLlldelbN
apprprlsliom
Urban rem.al .......... ...... .--.........
..................... 000
323
2B1
0
0
261
....... .
Model Cities ... ......I .._.. _.......... .......
...................... 150
75
75
0
0
75
.............
Mater end tamer ...................... . ....................... ........................
1402
155
0
0
402
55
0
0
0
0
107
55
Openspace ..................... ....----------- ------- .--- .------------------------------
hlighbothood facilities
Pudic honing:
Management:
350
350
0
400
0
----------------------------------------------------------------------
RehaGl.tatlonloam------------------
--------- 112
60
131
37
0
156
------------------------------------------
PubtK facility loam .................................... .............
I ......... -......... w
7
-------
33
33
0
33
---
Subtotal
---•----- 1,329
465
613
70
0
902
-------- ---------------------------------------------------------
Community development black [tents ..........................................................
(7
(7
(')
2.300
2.300
0
1 All 7 eehting cotor rksl ceammmNy development prs9nm an p an le be consolidated 1gy, 000.000 tlrryewrylr Q 000,000 in npaymenh M wall n@
runt
Imo tingle community devM4plmnt Mod re ��r�0190n7em to begin July 1, 1974 (1MM Tear 1975). 1 lttdudw nddNMnM {{10,000, In rpgmenN to revolving fund.
The blah nig le protected le tla9ln at 22,900.eg0. 1 Irfudr addNNnM i19,000,0001n npaylmnts to revolving fund.
17400,000,000 carryover, program administratively from Jen. 5, 1973. 1 Net applicable.
1550,000,000 catryover sad 675,000,000 mm approprptiom: program adminiat(stivMy fnym
Jan. 5, 1973.
TABLE HUDIl.—OTHER COMMUNITY DEVELOPMENT. PLANNING, AND RESEARCH PROGRAMS
(in millions of dollars)
Fiscal Yost 1974 Fiscal year 1975
TABLE HUD411.—MOUSING
lin wAlor el dabnl
Fiscal year 1974
fiscal year 1979
Houaing
Appraprielim
Estimated
Apprpriatim
Estimated
11101111111( and raarch program
Other community development ea
(aelual)
obliEWons
requested
obligations
3. 701. camprahmmive planning____________________________ __.... _-----------------------------------------------
75
65
75
65
110
70
110
70
Research and Wh wl-------------------------------------------------------------------------------------------
166
S2
0
0
TABLE HUD411.—MOUSING
lin wAlor el dabnl
Fiscal year 1974
fiscal year 1979
Houaing
- Combed
"fit
avellebN
Ea9maW
ablige9eta
Cerryever
atho iza-
Isom
CmIrW
►uthwtty
available
Estimated
"Bottom
Carryover
authorize.
lions
L L3S, homeerenMMdp.___.,:........:...:::.:.::::...............................
250
3S
220
0
0
220
..::...
1239.
04
166
S2
0
0
59
remal------------------ __—____________--------- _----------------------------------
lent
50
39
13
0
0
14
supplements ---------------------------------------- ________________________
housing: Prodaetoa 23 Lolled__________________-__---_____-____----_--_.__---_--_
__________
260
235
0
610
640
0
Pudic (3.
Pudic Housing: Production (an a(Ner)________________------------------------------------
70
11
0
0
D
0
Pudic honing:
Management:
350
350
0
400
100
0
OperatingwMldlm._.:.:..::.:.............:.....::...::::...:.....................
Modernization -----------------------------------------------------------------------
20..
20
0
20
20
0
Irrludes a projection M 116.000 untle under invited Ia. 23 lnaad IwMng prey 9 yArich Is M yet openlishm
'TABLE 1111D.V.—IMPOUNDMENTS
9a miNbru of doRenl
TABLE MUD-$V.—ANNUAL NEW COMMITMENT LEVELS
fin 9seusaede el mal
Fiaael gear—
Fleul Year
►leulTear—
1971
1172 1973
1174
._I—_--.__
19751
Im
1971
Int
1973
1974 —
1975
S 735. hoemmamanhip143
142
1St -
22
Id
0
..--___-------------------------------------------------------------
5 236. ram1Y._.. ______________________________________________________
132
140 59 IL
---------------------------------
Model Cities-------------------------------------------------------------------
51
127
__....._
ch0VIJnmmf---------------------------------------------------------------------------
102
a
101
39
Rent
1 173
0
300
Public
Goo am
M 22
491
f7
1' M11—
56
Tofah............................
— _
—_
Total ...............................................................................
417
429
453
139
3
3(to
Irrludes a projection M 116.000 untle under invited Ia. 23 lnaad IwMng prey 9 yArich Is M yet openlishm
'TABLE 1111D.V.—IMPOUNDMENTS
9a miNbru of doRenl
Fiaael gear—
Fleul Year
Impoundments (unused balarmai)
1971
1172 1973
1174
._I—_--.__
19751
Impoundments (unwed balawn)
1971
1972 1973
1911
19751
Urban mean
215
........ 4
211 -
1 231
236 ...........................................
a 11
tl 171
52
N
---------------------------------
Model Cities-------------------------------------------------------------------
75
Rent supplements..............................
$24
77 39
13
14
water ea*car-------------------------------
Rebo ititst" lean .....................................
200
Goo am
M 22
491
f7
1' M11—
56
Tofah............................
670
126 922
1.092
1.194
Opo/ sppsas------------------------------------------
Public [WANT loan ..............................................
----------
- 50
20
59
33
ass
133
___.
Total as percent of available bmd2otaothea-
=- =7--- _ _
.: _ _
Public Boosting---------------------------------
164
79 _..__.._.._.._.._._._...
OF ....................................
I1
20 17
24
19
2s-------------------------------------------
135
a 221
221111
229
s Ulti"* Bacal year 1974 impound ant Aaum"blodto cation by a w4fnsioW ap9amriatior
I Budget proposes tbeas pagrmM to be lermisetad an James, 30.1274. with similar activities
to be
committees.
o lC turnedwit gnat program on July
nedvwe
1. 1974.
Rgunbillim Ide1weelopmentblock
l
Briefing Paper -
• COMMUNITY DEVELOPMENT BLOCK GRANTS
Legislative Status
Senate
On February 7, 1974, the Senate Banking, Housing and Urban Affairs Committee ordered
reported its omnibus housing bill, "The Housing and Community Development Act of 1974."
The bill --which does not yet have a number --and the Committee Report are expected to become
available during the week of March 4th. The bill could go to the floor by mid-March.
1 -louse
On February 5, 1974, the Housing Subcommittee of the House Banking and Currency Committee
began mark-up sessions on its version of the omnibus housing legislation. The Subcommittee
Hopes to conclude its deliberations in March and immediately report the bill up to the
full I louse Committee for consideration. The schedule for taking the matter up in the full
Committee and for reporting the bill out to the House floor is uncertain at present.
Major Provisions
Similarities:
Senate and Mouse--
ProErams Consolidated. Both bills (the reported Senate Committee bill and the bill proposed by
Congressmen Barrett and Ashley of the House Housing Subcommittee, H. R. 10036) would consoli-
date the following programs: urban renewal, model cities, neighborhood facilities, basic water
and sewer facilities, and open space land. The Senate bill would also include the Public Facility
Loan program. The House bill would add the Rehabilitation Loan program to its list.
Eligible Recipients. Both bills would make all "units of general purpose local government"
eligible to seek block grant funding. Combinations of two or more such units would also be
eligible.
1?ligible Activities. Both bills would authorize a wide range of eligible activities, generally
designed to duplicate the activities previously eligible under each of the consolidated categoricals,
except model cities. With the latter, the bills would authorize the use of block grant funds for
certain limited public services activities which were supportive of the main purposes of the
community development program.
Application Requirement. Both bills would require all interested communities to submit
applications. In doing so, each community would be required to set forth its multi-year program
• for dealing with its community development problems, including its needs to improve its stock
of decent housing for low and moderate income persons and to eliminate and prevent slums,
0
10
-2-
Wight, and deterioration. When submitting requests for refunding, each community would
also provide a performance report assessing the progress made as against the community's
previously stated needs and objectives.
I`cderal Review. (loth bills call for a simplified, streamlined federal review process of the
applications submitted. A large part of the federal review responsibility would be shifted to a
beefed up post audit process. Both bills would place maximum time restrictions upon HUD's
processing with applications automatically deemed approved if the Department failed to take
action during the prescribed time period.
Allocation System. (loth bills would split the total national appropriation each year into two
pets, one for metropolitan areas and one for non -metropolitan areas. Then, within each of
these pots, both hills would earmark a portion of the funds for certain communities meeting
specified criteria. All other communities would then be eligible to seek assistance out of the
remaining unearmarked, discretionary funds. In computing the earmarks, both bills also
provide minimum allocations for those communities with ongoing activity under the consoli-
dated catergoricals.
I)if ferences:
Senate and (louse --
Program Restrictions. The Senate bill provides that (1) a community may not spend more than
20 percent of its C. 1). funds for activities not intended to be of direct and significant benefit to
families of low and moderate incomes or to neighborhoods which are presently blighted or
deteriorating, (2) a community may not expend more than 20 percent of its C. D. funds to
provide eligible public services, and (3) C. D. funds may not be expended for the construction
of community facilities which do not provide service principally intended for specified
community development areas, or for the construction of schools, libraries, city halls, civic
auditoriums, police stations, hospitals, sports arenas and parking garages.
The I louse bill has no such restrictions.
Codes. The Senate bill requires that a community certify that it has adopted and is enforcing
such housing, building and other codes as are necessary to assure that housing in the community
will meet reasonable standards with respect to safety, sanitation and habitability.
The I louse bill has no similar provision.
I lousing Replacement. The Senate bill requires that each community certify that it has made
provision for the relocation of all families who are displaced as a result of the C. D. program,
and has provided standard housing units for low and moderate income families at least equal
in number to those occupied by such families prior to their demolition or removal.
fhe I louse hill has no similar provision.
■
-3-
0
• Allocation System. The I -louse bill would provide a formula figure for all metropolitan cities
(defined as central cities and all other cities over 50,000 population --about 490 cities) based
on their relative amounts of population, poverty (double weighted), housing overcrowding, and
past program experience. In addition, all units of general local government with ongoing
activity under the consolidated categoricals would be eligible for minimum funding allocations
(an additional 700 communities). This commitment for communities below 50,000 population
would he phased out during the first five years of the C. D. program.
Under the Senate bill, no formula mechanism is used. Instead, initial earmarks, based on
past prograln experience, would be determined for about 1,050 communities. All other units
of general local government would be eligible for discretionary funding.
Counties. Under both bills, counties --on the same basis as other communities --would he
eligible for minimum earmarks based on ongoing program activity under the consolidated
categoricals. In addition, under the House bill, "urban" counties (defined as counties with
population of '200,000 or more exclusive of metropolitan city populations) would be given a
priority for the use of discretionary money. In the Senate bill, HUD would be instructed to
promote and encourage applications for combinations of general local governments (one of
which is an urban county --defined as a county in a metropolitan area with either 75 percent
of the population of that area or a population of 200,000 or more).
Local Share. The Senate bill would require each participating community to cover 10 percent
of the cost of its C. 1), program with a local cash share. The blouse hill provides for a
100 percent federal grant with no local share required.
Authorisations. The Senate bill would authorize $2.8 billion and $3.3 billion respectively for
the first and second years of the program. In addition, $300 million would be authorized
during the first year for the separate funding of urban renewal amendatory requests. The
House bill would authorize $2.5 billion, $2.75 billion, and $3 billion respectively for the
first three years of the program.
I{ffective Date. The Senate bill proposes to begin the C. D. program on July 1, 1974 (FY 75).
The I louse bill would begin the program on July 1, 1975 (FY 76). As regards the House bill,
it is understood that the existing community development categoricals would be reauthorized
and funded for FY 75.
Legislative Strategy
Senate
The Community Development Block Grant section of the omnibus housing bill emerging from
the Senate Committee contains a mixture of both positive and negative provisions from the cities'
point of view. While the bill does propose to fund the new program at reasonably high starting
® levels, it also includes a series of regressive program restrictions which could seriously
hamper local flexibility. Notwithstanding this mixed bag nature of the Senate bill, however,
4-
• the interests of the cities would be best served now by having the full Senate act quickly on the
measure and send it on to the House. There is good reason to believe that a number of the
problem, presented by the Senate bill will he clarified in the House Committee while others
still can he favorably resolved in the ultimate House -Senate Conference Committee meetings.
Thus, the strategy in the Senate is to urge speedy consideration and passage of the omnibus
"I lousing and Community Development Act of 1974. " In addition, city officials should continue
with their efforts to persuade members of Congress of the importance of continuing the funding
of rile existing categorical programs until the new block grant program is in place and operational.
So far as the Senate is concerned, this means concentrating on the members of the Senate HUD
Appropriations Subcommittee which will be considering HUD's FY 75 budget very shortly.
louse
Assuming that the Senate does move fairly quickly in acting on the omnibus housing legislation,
[lie prospects fir ultimate enactment of the bill rest in the hands of the leadership of the House
('onnnittev ;,nd of the full I louse itself. In 1972, a similar omnibus housing package was killed
in the I louse, in part because it took nearly 3-1/2 months for the bill to get out of the full
I louse Banking and Currency Committee after having cleared the smaller Housing Subcommittee.
A similar delay during this most unpredictable political year could very well also kill this
bill.
So, the strategy, first and foremost, is to convince the members of the House of the importance
which this community development legislation has for cities and of the critical need of its early
passage. This is a message which all city officials should carry to their Congressmen, regard-
IeSS of whether they sit on the House Banking and Currency Committee. In this regard, par-
ticular attention should he paid to the 15 members of the very important House Rules Committee
which became the graveyard for the 1972 omnibus housing bill.
i\S in rile Senate, it is also of parallel importance that the case for reasonable transition funding
be made in the I louse, particularly to the members of the House HUD Appropriations Subcommittee.
Since all appropriation bills must originate in the House, it is there where the cities' battle
for transition funding is likely to be decided.
In (;vneral, What We Are For
In discussing the importance of the community development block grant legislation with members
of your Congressional delegations, you will want to generally describe what it is that we are
scvking from this legislation. We are supporting a simplified, flexible community development
program to replace the present separate and somewhat narrow categoricals. For communities
now participating in those programs, the new block grant will enable them to build on the
important work that has already gone on with federal assistance. For communities without
experience in previous programs, the block grant approach offers them a more accessible
and more useful federal delivery system than has been available up to date.
•
I]
We are urging the Congress to keep the process for obtaining federal community development
funding as simple and straightforward as possible At the same time, we expect and are
supporting Congressional efforts to place some broad national policy outlines around the
program. To the extent practicable, we are proposing that the federal responsibility for
regularly reviewing local progress made under the block grant be shifted from a prior -
review -and -approval role to a performance post -audit function.
We are supporting measures in this legislation which would tend to establish a stabilized
funding system for communities, to the extent feasible on the basis of actual need. We are
seeking multi-year funding provisions so that communities can do more long range programming.
We are strongly supporting a close linkage between housing and community development
programs and are therefore also working hard to secure enactment of housing legislation this
year as well.
SENATE COMMITTEE ON APPROPRIATIONS
Subcommittee on Housing and Urban Development,
Space, Science, and Veterans
William Proxmire (Wisconsin)
Chairman
John O. Pastore (Rhode Island)
Jolin C. Stennis (Mississippi)
Mike Mansfield (Montana)
Daniel K. Inouye (Hawaii)
Birch Bayh (Indiana)
Lawton Chiles (Florida)
Charles McC. Mathias, Jr. (Maryland)
Clifford P. Case (New Jersey)
Hiram L. Fong (Hawaii)
Edward W. Brooke (Massachusetts)
Ted Stevens (Alaska)
]-HOUSE COMMITTEE ON APPROPRIATIONS
Subcommittee on Housing and Urban Development
Space, Science, and Veterans
Edward P. Boland (Massachusetts)
Chairman
Joe L. Evins (Tennessee)
George E. Shipley (Illinois)
J. Edward Roush (Indiana)
Robert O. Tiernan (Rhode Island)
Bill Chappell, Jr. (Florida)
Robert N. Giaimo (Connecticut)
Burt L. Talcott (California)
- - Joseph M. McDade (Pennsylvania) .
William J. Scherle (Iowa)
Earl B. Ruth (North Carolina)
•
CONGRESSIONAL COMMITTEE ORGANIZATION
FOR HOUSING AND COMMUNITY DEVELOPMENT
Senate Committee on Banking, housing and Urban Affairs
I)emocrats
'lolni Sparkman (Alabama)
Chairman
`William Proxmire (Wisconsin)
'llarrison A. Williams, Jr. (New Jersey)
'I'honws J. McIntyre (New Hampshire)
'Alan Cranston (California)
'Adlai F. Stevenson, III (Illinois)
1. Bennett Johnston, Jr. (Louisiana)
Willi-ini D. Ilatltaway (Main)
Joscl>li It, Biden, Jr. (Delaware)
Republicans
*John G. Tower (Texas)
Wallace F. Bennett (Utah)
*Edward W. Brooke (Massachusetts)
*Robert W. Packwood (Oregon)
Bill Brock (Tennessee)
*Robert Taft, Jr. (Ohio)
Lowell P. Weicker, Jr. (Connecticut)
\9el"hers of the Subcommittee on Housing and Urban Affairs
Ilouse Committee on Banking and Currency
Wright Tatman (Texas)
Chairman
':William A. Barrett (Pennsylvania)
(Suhconunittee Chairman)
keonor K. Sullivan (Missouri)
Ilei ry S. IteuSS (Wisconsin)
Thomas I.. Ashley (Ohio)
'William S. Moorhead (Pennsylvania) -
" Itol,crt (;. Stephens, Jr. (Georgia)
"I`criiand I. SI. (;ermain (Rhode Island)
Henry li. Gonzalez (Texas)
Joseph (;. Minish (New Jersey)
"Richard -T. Manna (California)
Toni S. Gcttys (South Carolina)
Frank Annunzio (Illinois)
'Phomas M. Rees (California)
James M. Iianley (New York)
I rank J. Brasco (New York)
Edward J. Koch (New York)
William R. Cotter (Connecticut)
Parren J. Mitchell (Maryland)
Walter li. rauntroy (District of Columbia)
Andrew Young (Georgia)
John Joseph Moakley (Massachusetts)
IFortney II. (Pete) Stark (California)
Corrine (Lindy) Boggs (Louisiana)
. Members of the Subcommittee on Housing
**William 13. Widnall (New Jersey)
Albert W. Johnson (Pennsylvania)
**J. William Stanton (Ohio)
**Ben B. Blackburn (Georgia)
**Garry Brown (Michigan)
Lawrence G. Williams (Pennsylvania)
Chalmers P. Wylie (Ohio)
**Margaret M. Heckler (Massachusetts)
Philip M. Crane (Illinois)
**John Fl. Rousselot (California)
Stewart 13. McKinney (Connecticut)
Bill Frenzel (Minnesota)
Angelo D. Roncallo (New York)
John B. Conlan (Arizona)
Clair W. Burgener (California)
Matthew J. Rinaldo (New Jersey)
0
A. Policy
ENERGY WORKSHOP BRIEFING PAPLR
CONGRESSIONAL -CITY CONFERENCE
March 3-5, 1974
Cities require an adequate and reliable supply of energy at reasonable cost to maintain
and improve the urban economy and environment. A variety of problems threaten
the ability of cities to obtain this supply. Local governments in their dual role as both
consumer and consumer advocate are significantly affected in their ability to procure
adequate fuel supplies, pay for fuel, maintain economically viable tax and employment
levels, and provide for the health and welfare of their urban citizens. New steps
must be taken to develop and implement a national energy policy that will guarantee
reliable and adequate supplies of reasonably priced energy, minimize environmental
degradation, and encourage judicious use of our precious energy resources.
Energy Production
The growing shortage of energy supplies and high prices for energy may be due partly
to regional disparities in energy supplies and artificial, monopolistic restrictions on
the supply of energy. As one step in an overall energy strategy Congress should:
--Establish a quasi -governmental corporation for purposes of
expediting the exploration, production, and distribution of fuels;
--Take steps to guarantee vigorous competition between fuels and
within fuel industries to assure economic efficiency in production
and consumption; -
--Limit the amount of time that firms which lease government owned
mineral intensive land may withhold such land from production; and
--Expand research and development efforts to stimulate energy
recovery from solid waste.
Energy Conservation
The United States must reduce its consumption of energy. As part of an overall
conservation strategy Congress should:
--Require all manufactuerers to indicate the energy efficiency of
their products;
--Encourage the development of more energy efficient engines and
electrical products;
--Limit automobile energy consumption through regulation based upon
fuel efficiency or other factors that correlate with energy conservation; and
--Increase the amount of support for energy efficient modes of trans-
portation including mass transit and rail passenger services.
-2-
0
;I
0
Energy Impact on Cities
In order to alleviate the burdens placed on cities and urban residents by the energy
problem Congress should:
--Consider providing compensatory payments to local governments
which suffer economic hardships;
--Expand public employment opportunities aimed at meeting the
problems of urban unemployment before it reaches crisis proportions;and
--Control the prices of fuel and the profits earned through their manu-
facture.
B. Background
Shortages of petroleum produced became quite severe during the last part of 1973 and
continue presently in spite of the absence of an official "crisis. " Cities are being
confronted by a variety of energy related problems not the least of which is their
Inability to procure adequate reasonably priced fuel supplies to operate essential
city vehicles. More importantly, however, are the secondary effects of the energy
crisis which loom on the horizon for most and are currently being felt directly by
many local governments. Some of these include:
Unemployment --Various estimates from credible sources indicate that there
will be at least 1.3 million more people unemployed in 1974 than were out
of work in 1973. Total national unemployment in the coming year is expected
to reach at least six million people and could amount to as much as 9% of the
working population. In many cities this figure has already reached 18% due to
massive industrial and economic dislocations. The unemployment situation
is compounded by the gasoline "problem" in that many persons who depend
on automobiles for their economic livelihood or those persons who reside
in outlying areas not served or poorly served by mass transportation are unable to
obtain adequate gasoline supplies and thus unable to get to work.
Tax Revenues-- The primary and secondary impacts of the energy emergency
on the local urban economy will be quite substantial. The most obvious is the
virtually assured reduction in motor vehicle gasoline tax revenues brought
about by the decrease in supply of gasoline. Other less obvious but direct
effects include reduced revenues from municipal sales and income taxes as
well as parking facilities. The decreased sales and income tax items can
largely be attributed to the projected decreased economic activity within the
city during the ensuing year. Concomitant to this spiraling rate of inflation,
housing starts --another major indicator of national and local economic health --
are expecting to decrease almost 3097, to 1.9 million from 2.6 million during
• 1973. In many cities this could spell economic doom unless strong steps are
initiated by the Federal government in the very near future.
Prices and Profits --Of overriding concern is the problem of increased fuel
cost. Massive price increases --allegedly brought about by increased costs
1•
•
-3
of imported crude --have placed severe constraints on consumer budgets as
well as significantly disrupted the local planning and budgeting processes.
Increased fuel costs will have to be born directly by the consumer either at
the gas pump or at the fare box. A larger chunk of his spendable income will
necessarily be set aside for energy, thus decreasing the amount of money
available for purchase of other essential goods. Larger individual energy budgets
also mean that less money will be pumped into other more local sectors of the
economy.
C. Legislation
There are over 350 energy related bills currently pending in the Congress. Of these,
two are of special importance to city interests as expressed in NLC and USCM policy
statements. These include:
1. Consumer Energy Act of 1974
2. National Fuels and Energy Conservation Act
1. Consumer Energy Act
Overall, the Consumer Energy Act of 1974 represents an attempt to restore order
to one of the more important sectors of the economy through initiatives aimed
at producing competition and general revitalization of the free enterprise system.
Some of the more important items in the legislation include the following:
Oil and Gas Regulatory Reform --The bill proposes to regulate both oil and
gas similarly at the wellhead, delegating responsibility for this task to
the Federal Power Commission. The bill also proposes indirectly to raise
the price of regulated natural gas, establishing a national area rate for
production which takes into account the various regional disparities. "Small
producers" would be exempted from all controls.
Price Relief for Consumers-- The bill would require the President to establish
a ceiling price for crude oil and all petroleum products to be determined by
the highest price for each commodity during the 14 -day period ending on
January 10, 1974. Additionally, prices would be initially rolled back to the
December 1, 1973, levels.
Federal Oil and Gas Corporation --The bill would establish a Federal Oil and
Gas Corporation to explore, develop and produce natural gas and oil from
publicly owned lands.
Equal Treatment for Small Producers of Oil and Gas --The bill would require
that all transportation pipelines (which currently are controlled by the six or
eight largest oil companies) be available for use by small producers on a
nondiscriminatory basis.
0
Also, 50 percent of all Federal land leases world be required to use the
royalty system of bidding in place of the current bonus method. The bonus
system requires an enormous initial capital outlay on the part of the successful
bidder, thus limiting most previous successful bids to those coming from larger
corporations. The royalty system on the other hand only requires that a bidder
pledge a certain percentage of gross receipts over a period of time.
Energy Rate Restructuring --The bill requires that after January 1, 1975, all
changes in rates or charges made for transportation and sale of natural gas
and oil products be such as to discourage excessive consumption. Regressive
rate structures are to be phased out over a similar per iod.
In the Senate the bill is currently undergoing mark-up by the Senate Commerce
Committee (Warren Magnuson, D -Wash. , Chrmn.) whose members include:
Pastore (D-R.I.), Hartke (D -Ind.), ]dart (D -Mich. ), Cannon (D-Nev.), Long
(D -La.), Moss (D -Utah), Hollings (D -S. C.). Inouye (D -Hawaii), Tunney (D -Cal.),
Stevenson (D -Ill.), Cotton (R-N.H.), Pearson (R -Kan.), Griffin (R -Mich.),
Baker (R -Tenn.), Cook (R-Ky.), Stevens (R -Alaska), and Beall (R -Md.). Senate
Majority leader Mike Mansfield (D -Mont.) along with 27 other senators have
expressed support for the legislation.
In the House the bill has been referred to the House Interstate and Foreign
Commerce Committee (Harley O. Staggers, Chrmn.) whose members include:
Macdonald (D -Mass.). Jarman (D -Okla.), Moss (D -Cal,,), Dingell (D -Mich.),
Rogers (D -Fla.), Van Deerlin (D -Cal.), Pickle (D -Tex.), Rooney (D -Pa.),
Murphy (D -N. Y.), Satterfield (D-Va.), Adams (D -Wash.), Stuckey (D -Ga.),
Kyros (D -Me.), Eckhardt (D -Tex.), Preyer (D -N. C.), Podell (D -N. Y.),
Helstoski (D -N. J.), Symington (D -Mo.), Carney (D-0.), Metcalfe (D-111.),
Byron (D -Md.). Roy (D -Kan.), Breckinridge (D-Ky.). Devine (R-0.),
Nelsen (R. Minn.). Broyhill (R. -N. C.), Harvey (R -Mich.), Carter (R-Ky.),
Brown (R-0.), Kuykendall (R -Tenn.), Skubitz (R -Kan.), Hastings (R -N. Y.),
Collins (R -Tex.), Frey (R -Fla.), Ware (R -Pa.), McCollister (R-Neb.),
Shoup (R -Mont.), Goldwater (R -Calif. ), Lent (R -N. Y.), Heinz (R -Pa.), Hudnut
(R -Ind. ), and Young (R -Ill. ).
2. National Fuels and Energy Conservation Act
The National Fuels and Energy Conservation Act of 1974 was passed by the
Senate in early December. The measure would require the implementation of
a wide variety of far reaching conservation measures.
Declaring it to be the policy of the United States to conserve fuels and energy
resources through more efficient conversion and use the Act would require:
--a review of State and local government energy use;
--new federal facilities to be located near existing or planned mass
transit facilities;
• --automobile manufacturers to increase the fuel efficiency of their
products by 5070 before 1984; and
--manufacturers to disclose to consumers the energy costs associated
with their products for the life of the product.
Additionally, the bill would authorize a series of transportation related experi-
ments including grants for low or fare free mass transit programs, and carpool
incentive projects. Studies concerning the impact of transportation energy
conservation measures on the mobility of urban residents and the economic
viability of central city business establishments would also be funded.
The bili is currently before the House Commerce Committee where no action
has been scheduled (members of the Committee are listed above). City
officials should urge Committee members to begin immediate consideration
of the measure.
D. NLC and USCM Positions
Congressmen and Senators should be made aware of the tremendous impact that the
national energy situation has had on local governments and their citizens. Because
local governments are so deeply affected by this national problem they have a vested
interest in helping to formulate and implement a national energy policy.
There are several basic options available to meet the imrmdiate and long term
shortages. These include increasing the supply of energy through increased pro-
duction, reducing present energy consumption levels through conservation measures,
and development of new sources of energy. The strategy proposed by NLC and USCM
would include a varied mix of all three of these alternatives. Specifically, we support
the industry regulatory reforms contained in the Consumer Energy Act because they
hold promise of increasing industry competition thus increasing the supply of conven-
tional fuels and at the same time creating a more equitable mechanism for determining
prices.
We support the National Fuels and Energy Conservation Act because It mandates various
conservation practices which we believe will decrease both our immediate and long term
energy demand, thus lessening the squeeze and ameliorating the hardship caused by
the present shortage.
Also. we urge Congress to expand employment assistance to areas which suffer
significant degrees of energy related unemployment due to the national energy problem.
Finally, we urge Congress to consider various forms of general revenue compensate
assistance to local governments to help lighten the new fiscal burden placed on them
because of economic dislocations brought about by national energy actions (or prior
• inactions).
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)EPARTMENT OF COMMUNITY DEVELM
Tentative Agenda
Planning & Zoning Commission
Iowa City, Iowa
March 12, 1974 4:30 p.m.
Dept. Community Development Conference Room
A. Call to order by Chairman
B. Roll Call -
C. Approval of Minutes
1. Meeting of February 28, 1974
D. Zoning Item
1. z-7402. Request for rezoning a tract of land, R1A
to R1B, filed by Dean Oakes (vic. contiguous to and
south of I-80 and east of Prairie du Chien Road).
Amendatory request is for tract along east side of
Prairie du Chien Road running north from Virginia
Avenue.
Date filed: 2/6/74
Amendatory filed: 3/7/74 45 -day limitation: 3/23/74
E. Subdivision Item
1. S-7404. Final plat for Hollywood Manor, Part V,
submitted by Frantz Construction Co. (vic. south
of Hollywood Manor, Parts II and III and west of
Hollywood Manor, Part IV and also west of Sycamore
Street).
Date filed: 2/26/74 45 -day limitation: 4/12/74
F. Discussion Items
1. P-7319. Office and Research Park Zone (ORP).
2. P-7317. University Zone District (U).
G. Adjournment
Next regular meeting -- March 28, 1974
•
•
E
STAFF REPORT
Planning & Zoning Commission
-- March 14, 1974
SUBJECT: Z-7402. Amendatory request
to rezone a tract of land
(vic. along the east side
of Prairie du Chien Road
running north from Virginia Avenue) from an R1A to R1B Zone;
submitted by Dean G. and Evelyn Oakes; date filed: 3/7/74;
45 -day limitation: 3/23/74.
STAFF
COMMENT:
tract of land (vic. south
du Chien Road). Refer to
The applicant has filed an
amendment to an original
rezoning request to rezone
1.48 acres of an 83.3 acre
of Interstate 80 and east of Prairie
Staff Report of February 28, 1974.
C
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lJ
O•Ipp,
•
C
STAFF REPORT
Planning & Zoning Commission
March 14, 1974
SUBJECT: S-7404. Final plat of
Hollywood Manor, Part v,
(Vic. south of Hollywood
Manor, Parts II and III,
west of Hollywood Manor, Part IV, and also west of Sycamore Street);
submitted by Frantz Construction Co.; date filed: 2/26/74;
45 -day limitation: 4/12/74.
STAFF Macbride Addition, Part V,
ANALYSIS: consists of 39.8 acres and
146 lots, a density of 3.67
lots per acre. Assuming
that approximately 20% of the total area is devoted to street
right-of-way, the average lot size would be approximately 9500
square feet. Although 22.22 acres of the addition are zoned
R1B and 17.58 acres are zoned R2 permitting minimum lot sizes
of 6000 square feet for single family housing, the smallest
lot proposed is 7323 square feet.
The Plat meets all the requirements of the Subdivision Ordinance
with the exception of the following minor items:
1. The size and type of markers should be indicated,
2. At the suggestion of the Fire Chief, the street name "Oliver
Avenue" should be changed to eliminate confusion as there
presently exists an Olive Court and Olive Street,
3. The lot represented as number 220 should be number 200,
4. The boundary of the subdivision should be tied by reference
to a section corner, and
5. Several street names do not conform to the City's "street
naming classification system" including:
a. Burns Road -- the street runs east -west and should be
changed to Burns Avenue,
b. Russell Drive -- the street is essentially north -south
and should be changed to Russell Street,
C. Taylor Drive -- the street runs north -south and should
be changed to Taylor Street, and
d. Bancroft Drive -- the streetrunsnorth-south and should
be changed to Bancroft Street.
Since Taylor Drive and Bancroft Drive are continuations of existing
streets in Hollywood Manor Addition, Parts II and III, said
•
•
-2-
existing street names should be changed by ordinance which may
create a problem with established addresses. Otherwise, the
street names should remain as shown on the Plat.
STAFF
RECOMMENDATION:
It is the Staff's recommen-
dation that the Plat be
approved subject to the
revision of the above items
one through five excepting
therefrom items 5c and d.
COMMENT: It should be recognized that
the Parks and Recreation
Commission has recommended
the acquisition of approximately
eight acres of land for a neighborhood park in the Hollywood Manor
area, part or all of which may be located in Hollywood Manor,
Part V. Depending upon the location of the park, the Plat may
have to be revised to reflect changes in street location and
lot orientation.
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9
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STAFF REPORT
Planning & Zoning Commission
March 14, 1974
SUBJECT: P-7319. An ordinance to amend
the Zoning Ordinance to
establish an ORP, Office
and Research Park District.
STAFF Copies of the proposed
COMMENT: ordinance were submitted to
American College Testing
Program, Inc. and the
Westinghouse Learning Corporation for their review and comment.
Attached hereto are their comments for your review and consideration.
i
EMIL O. TROTT • • AREA COOL 319_
ROBERT W. JANISEN DIAL 376-9404
TR13TT & JANSEN
• ATTORNEYS AT LAW
9 SOUTH LINN STREET
P.O. SOX 1028
IOWA CITY, IOWA 52240
1®
February 27, 1974
Mr. Donald Schmeiser
Associate Planner
City of Iowa City
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Re: Proposed Ordinance Creating an IIORP Office and Research Park
District - The American College Testing Program, Inc.
Dear Mr. Schmeiser:
Thank you very much for your letter of February 20, 1974, to Mr. James
Bailey in which you enclosed a draft of the proposed ordinance creating
an Office and Research Park District. We also appreciate being given
the opportunity to review and comment on the proposed ordinance as it
relates to our operations. My client, The American College Testing
Program, Inc., has asked that I respond in their behalf.
We, therefore, have the following questions and comments concerning the
draft of the ordinance:
1. In Section 8.10.17.2 "Regulations" we would like to suggest the inser-
tion of "and educational organizations" at the end of Subparagraph 2.
ACT is incorporated as an Iowa non-profit corporation and its stated
purposes are exclusively educational.
2. Subparagraph 3 of Section 8.10.17.2 states that there shall be no
"direct sales". Does this mean that we would be prohibited from making
sales directly to persons who came on the premises to purchase an item?
We would have no objection to this since we do not engage in retail
sales, but we do sell publications throughout the United States from
our offices here in Iowa City. Is this prohibited?
3. Under Section 8.10.18, would we be required to screen our large parking
lot since the south and east edges of the lot may be adjacent to R district
property?
4. In Paragraph B.1 in Section 8.10.23, our lot fronts on Highway 1 and
in the rear on a county road. Does this Section mean that a "front yard"
would have to be provided for the frontage on the county road in the rear
of our property?
4
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Mr. Donald Schmeiser
Page 2
February 27, 1974
S. Section 8.10.24 provides that the minimum area of an ORP zone shall not
be less than 21 acres. We have not had time to check with our engineers
who did the various surveys on the acquisition of our properties, but it is
possible that we may have somewhere between 20-22 acres. In the event that
we have less than 21 acres, but slightly more than 20 acres, we would like
to suggest that the minimum area of an ORP zone should be lowered to not
less than 20 acres. If we do, in fact, have less than 21 acres, then the
proposed zoning district would be of little value to ACT.
6. Section 8.10.26 "Permitted Accessory Uses" provides that in the ORP
zone, there may be printing, publishing, design, development, fabrication,
assemblage, and storage. In connection with these permitted uses, we would
like to raise the following questions:
(i) Does "storage" include warehousing? Section 8.10.25, Subparagraph
B provides that "for warehousing or storage use" one parking space
for each 1,000 square feet of gross floor space. This is the only
other reference in the ordinance that we find to the specific term
"warehousing". This is a very important point for us and if it is
contemplated that the term storage will be interpreted to include
warehousing, then we would have no problem. Perhaps for purposes
of clarity, the word "warehousing" could be added to the permitted
accessory uses. We note that you are proposing to delete Sub-
paragraph K of the CH zone use regulations which does specifically
allow warehousing.
(ii) In its facilities here in Iowa City, ACT maintains an employee
cafeteria and also a rather large library facility. Should these
operations be covered and added to the permitted accessory uses?
If they are not included in the ordinance, would there be any
prohibition against their continued operation?
We again wish to thank you for the opportunity of responding to the proposed
ordinance. We would appreciate hearing from you as to the questions and/or
suggestions that we have raised. We also plan to have representatives attend
the informal Planning and Zoning Commission meeting scheduled for March 26th
and would be happy to answer any questions that the Commission might have or
in any way to aid the approval of the proposed ordinance. Thanking you for
your continued cooperation, I am,
Very truly yours,
K zvt L,.
Robert W. Jansen
Attorney for The American College Testing Program, Inc.
RWJ/dm
cc: Marvin Brecht
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LAW OrrIcES or
LEFF. LEi"F ANl) LEFF
222 SOUTH LINN STREET- P. O. •OX 703
ARTHUR O. LCrr IOWA CITY. IOWA
PHILIP A. LCrr 8!240
ALAN R.LErr
R.ORUCE HAUPGRT
February 27, 1974
Mr. Donald Schmeiser
Associate Planner
CITY OF IOWA CITY
Civic Center
410 East Washington Street
Iowa City, Iowa 52240
Re: Westinghouse Learning Corporation - ORP
Dear Mr. Schmeiser:
pHONE 3l8'7951
AREA COO[ 31U
Your letter of February 20, 1974 and its contents have been analyzed by
the local officers of the above corporation. We have the following comments:
1. Will any screening requirements be placed upon Westinghouse
Learning Corporation (WLC) after the ordinance goes into
effect? Is the land to the West zoned in an "R" District?
If the land to the North of the WLC tract is annexed it
will automatically be classified in a "R11 District. Will
this implement the necessity of screening? It appears
more sensible to not require screening until "R" zoned
land is actually placed in single-family usage.
2. Would the existing provisions under "glare" result in
infractions by WLC for their existing night lighting?
We have no way to measure the "foot candle" limitations.
3. The yard regulations will eliminate one planned expansion
of the WLC building because the expansion will be closer
than 100 feet to the West lot line. We hope that you will
provide some procedure in the ordinance to secure a variance.
4. Under the parking restrictions, we now have parking lots
in the front yard without screening. Since WLC is a corner
property and has two front yards, under the ordinance this
eliminates a great area of potential parking expansion.
Furthermore, it will be difficult to screen the parking
areas from the street, because the elevation of the WLC
tract is below existing street levels.
We Hope that you will give these matters serious consideration before
passing the proposed ordinance. I will be happy to meet with you or
with other City officials at any mutually convenient time. I am sorry
that I cannot meet with you personally at this time to go over these
matters, but the short time in which we had to respond, and other
conflicts in my scheduling, make this impossible.
PAL: mec
0
Very truly yours,
FF
rniiip A. Lerr
COUNCIL DISCUSSION
MARCH 8., 1974
11:30 A.M.
a
E
The Iowa City City Council met in informal session on the
8th day of March, 1974 at 11:30 A.M. in the Conference Room at
the Davis Building.
Councilmembers present: Czarnecki, White, Davidsen, Brandt,
absent: deProsse. Staff present: Wells, Hayek, Klaus, Stolfus,
Pugh.
Mayor Czarnecki announced discussion of the contract with
Old Capitol Associates. He noted that the Design Review Committee
had met just before with Welton -Beckett representatives who present-
ed preliminary outline procedures the committee will go through.
Attorney John Hayek stated that this draft of the contract
is the final and will be before the Council to adopt at next
Tuesday evening meeting. IIe summarized the significant features
of the agreement as follows: 1) redeveloper to purchase 11.5
acres of downtown real estate from the City by March 1, 1976,
2) redeveloper to construct buildings and improvements as per
redevelopment proposal, 3) City agrees to provide public
improvements in project area (parking facility in Blocks 83/84
and in Block 64, provided development is on schedule), 4) the
contract is made contingent on results of the March 28th referendum &
on financing plan passing. He noted that the contract was fair
to the City and the public and the redeveloper, and could be
reviewed by the public at any time. He then explained the various
sections of the contract as follows: Section 1, Purchase Price;
Section 2, Conveyance of Property; Section 3, Performance Deposit;
Section 4, Time for Commencement and Completion of Improvemen s
(Schedule D); Section 5, Public Improvements (2 Parking facilities,
Schedule E); Section 6, Time for Certain Other Actions; Sec;'C:i.on 7,
Period of Duration of Covenant on Use (binding until 10/2/1994
with extension); Section 8, Notices and Demands; Section 9,
Additional Property Transactions (Schedule F); Section 10,
Special Contingencies; Section ll, Scope of Agreement; SecLiotl 12,
Modifications to Part 11 (Standard contract language required
by Federal Grant).
He also advised of the following changes: 1) in the language
of Section 4, Page 7, the description of types of buildings was
reworked. 2) Addition in Section 5, at the end -developer has
requested an option to return Block 64 to the Public Agency
if the City is unable to construct the second parking facility.
He noted other contingencies in Section 10 including, 1) no
unfavorable ruling being received concerning litigation, and
2) HUD approval of the contract.
page 2 Council Discussion
March 8, 1974
City Manager Ray Wells stated that the schedules for
price, delivery and construction have been looked at and
compared with our capability, and that nothing was found
froma mechanical standpoint, design or construction, that
could not be agreed with. The only modification was that
65/4 was put back a year. Attorney Hayek noted that this
was not a contract for joint use of the facility, there will
be subsequent contracts governing the construction specifics.
He stated that all contingencies should be satisfied by July
1st, 1974, if not the developer might want to take another
look at the whole situation, as the construction season would
be halfway through. He advised that the procedure for vacation
but maintaining right-of-way would be to have a public hearing,
then by ordinance determine what portion of a street or how
a street will be vacated.
The City Manager noted that the Dubuque Street south of
Burlington will be left open, but will be tested in the micro-
analysis. Councilman White advised that the Regional Planning
Committee had developed the first work order for the microanalysis
which the Executive Board approved and sent to the consultant.
They assumed the closing of College from Madison to Linn and the
closing of Capitol from Washington to Court Street, and treated
everything else as alternatives to be tested.
Mayor Czarnecki presented the meeting schedule set for
discussion on the referendum, and requested all members of the
Council be in attendance if possible. He stated that- the
proposed format would be a presentation similar to those given
to the School Board and the Board of Supervisors; the background
material given, the physical description of the improvements by
Urban Renewal Director Jack Klaus, and the tax allocation method
of financing explained by Joe Pugh. Questions to be fielded b
the Council with the Staff to assist, and the Mayor chairing tl;e
meetings scheduled from 7:30 to 10:00 P.M.
The Mayor also announced the City -University meeting at
4:00 P.M. at Jessup Hall for the discussion of Broadband Communi-
cations, and suggested that the Council should invite the CATV
Committee Chairman Bob Welsh to be present. Mass Transit Operations
will also be discussed. No other urban renewal meetings were
scheduled. He noted that the Council packet included the schedule
for discussions to beheld on the informal meetings of March
12th, March 19th and March 26th.
•
Council Discussion
March 8, 1974
It was moved by Brandt and seconded by Davidsen to adjourn
to executive session to discuss acquisition of a particular
piece of property. Upon roll call Brandt, Czarnecki, Davidsen,
and White voted 'aye', deProsse absent. Motion carried.
Executive session was held and adjourned to informal session.
Council discussed rescheduling the City -University meeting
to March 18th, as University representatives Boyd and Chambers
and Counciimembers deProsse and White would not be present. The
City Manager advised of a meeting with law-enforcement people
on the procedure of the Emergency Operations Board.
(3/7/74).
y z
Part I
of
CONTRACT FOR
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
Old Capitol Associates, a partnership,
and
The City of Iowa City, Iowa, a municipal corporation.
CONTRACT FOR
0
SALE OF LAND FOR PRIVATE REDEVELOPMENT
AGREEMENT, consisting of this Part I and Part II (Form HUD -
6209B, 9-69) annexed hereto and made a part hereof (which Part I and
Part II are together hereinafter called "Agreement"), made on or as of
the day of March, 1974, by and between the City of Iowa City, Iowa,
a public body corporate (which, together with any successor public body
or officer hereafter designated by or pursuant to law, is hereinafter called
the "Agency"), established pursuant to the statutes of the State of Iowa
pertaining to Municipalities, Cities, Towns, and particularly Chapter 403
of the Code of Iowa as amended (hereinafter called "Urban Renewal Act")
and having its office at the Civic Center in the City of Iowa City (hereinafter
called "City"), State of Iowa, and the Old Capitol Associates, a partnership
organized and existing under the laws of the State of Iowa (hereinafter called
"Redeveloper" or "Developer") and having an office for the transaction of
business at Rural Route #(4, Box 279, in the City of Iowa City, County of
Johnson, and State of Iowa, WITNESSETH:
WHEREAS, in furtherance of the objectives of the Urban Renewal
Act, the Agency has undertaken a program for the clearance and recon-
struction or rehabilitation of slum and blighted areas in the City, and in
this connection is engaged in carrying out an urban renewal project known
as the "City -University Project I, Urban Renewal Project No. Iowa R-14
(hereinafter called "Project") in the area (hereinafter called the "Project
Area") located in the City; and
WHEREAS, as of the date of the Agreement there has been prepared
and approved by the Agency an urban renewal plan for the Project, consisting
of the Urban Renewal Plan, dated September 3, 1969, by Resolution No. 2157,
as amended by Amendment No. 1 thereof, dated April 4, 1972, and approved
by such Agency, on April 18, 1972, by Resolution No. 72-159 and Amendment
No. 2 thereof, dated May 1, 1973, and approved by such Agency on May 1,
1973, by Resolution No. 73-173 and Amendment No. 3 thereof dated
September 25, 1973, and approved by such Agency on September 25, 1973,
by Resolution No. 73-420 (which plan, as so amended, and as it may here-
after be further amended from time to time pursuant to law, and as so
constituted from time to time, is unless otherwise indicated by the context,
hereinafter called "Urban Renewal Plan") and
WHEREAS, a copy of the Urban Renewal Plan as constituted on the
date of the Agreement has been recorded among the land records for the
place in which the Project Area is situated, namely, in the Office of the
1
Johnson County Recorder in Book 166F at page 21 and has been filed in
the Office of the Clerk of the City located at the Civic Center in the City;
and
WHEREAS, in order to enable the Agency to achieve the objectives
of the Urban Renewal Plan and particularly to make the land in the Project
Area available for redevelopment by private enterprise for redevelopment
for and in accordance with the uses specified in the Urban Renewal Plan,
both the Federal Government and the City have undertaken to provide and
have provided substantial aid and assistance to the Agency through a
Contract for Loan and Capital Grant dated September 2, 1970, in the case
of the Federal Government; and
WHEREAS, pursuant to Chapter 403, Code of Iowa as amended, the
Agency has offered to sell and the Redeveloper is willing to purchase in
stages certain real property located in the Project Area and more parti-
cularly described in Schedule A annexed hereto and made a part hereof (which
property as so described is hereinafter called "Property" or "Parcels" and
to redevelop the Property for and in accordance with the uses specified in
the Urban Renewal Plan and in accordance with the Agreement; and
WHEREAS, the Agency believes that the staged redevelopment of
the Property pursuant to the Agreement, and the fulfillment generally of
the Agreement, are in the vital and best interests of the City and the health,
safety, morals, and welfare of its residents, and in accord with the public
purposes and provisions of the applicable Federal, State and local laws
and requirements under which the Project has been undertaken and is being
assisted; and
WHEREAS, the Agency has acquired title to or is in the process of
acquiring title to certain property described in Schedule A hereof; and
WHEREAS, the Agency and the Redeveloper have agreed to the
exchange and sale of certain additional parcels and property as more parti-
cularly described in this agreement.
NOW, THEREFORE, in consideration of the premises and the
mutual obligations of the parties hereto, each of them does hereby covenant
and agree with the other as follows:
SECTION 1. SALE: PURCHASE PRICE.
Subject to all the terms, covenants, and conditions of the Agreement,
the Agency will sell the property described in Schedule A hereof to the
Redeveloper for, and the Redeveloper will purchase the property from the
Agency and pay therefor, the amounts set forth in Schedule B hereof, on
the timetable set forth in Schedule C hereof, subject to the terms and
conditions of Section 2 of this Agreement. The amounts set forth in
Schedule B. hereinafter called "Purchase Price, " are to be paid in cash
or by certified check simultaneously with the delivery of the deeds
conveying the property to the Redeveloper.
SECTION 2. CONVEYANCE OF PROPERTY.
(a) Form of Deed. The Agency shall convey to the Redeveloper
title to the property by Special Warranty Deeds (hereinafter called "Deeds").
Such conveyance and title shall, in addition to the condition subsequently
provided for in Section 704, Part II, hereof, and to all other conditions,
covenants, and restrictions set forth or referred to elsewhere in the
Agreement, be subject to:
(1) Such easements as described or referred to in "Schedule
A," description of property, attached hereto and referenced as a part
hereof;
(2) All conditions, covenants and restrictions contained in
said Urban Renewal Plan and Part I and II of this Contract.
(b) Time and Place for Delivery of Deeds. The Agency shall
deliver the Deeds and possession of the properties to the Redeveloper upon
payment of the purchase price in full upon such dates as called for in this
Agreement. Conveyance shall be made at the principal office of the Agency,
Iowa City, Iowa, and the Redeveloper shall accept such conveyance and
pay to the Agency at such time and place the purchase price in full for each
parcel delivered.
(c) Apportionment of Current Taxes. The Agency agrees to
convey the property to the Redeveloper free and clear of all real estate
taxes except that the current taxes, if any, shall be apportioned and pro
rated between the Agency and the Redeveloper as of the date of delivery
of the deeds. If the amount of the; current taxes on the property is not
ascertainable on such date, the apportionment between the Agency and the
Redeveloper shall be on the basis of the amount of the most recently
ascertainable taxes on the property, but such apportionment shall be
subject to final adjustment within thirty (30) days after the date the actual
amount of such current taxes is ascertained.
(d) Recordation of Deeds. The Redeveloper shall promptly file
the deeds for recordation among the land records of Johnson County. The
Redeveloper shall pay all costs (including the cost of the State documentary
stamp tax on the deeds, if any), for so recording said deeds.
3
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(c) Delivery of the Abstract. The Agency will. furnish to the
Redeveloper in advance of the closing on each parcel, an abstract of title
showing good marketable title in the City of Iowa City, Iowa, free and clear
of all taxes, assessments or other encumbrances except as hereinbefore
specified. The abstracts of title shall be at Agency expense and will be
certified by a qualified abstracting company to the close of business as the
closest practical date prior to the date of the deed of conveyance. The
cost of obtaining an attorney's examination of the abstracts for title opinion
and/or the cost of obtaining title insurance, if required, shall be at the
expense of the Redeveloper.
(f) Delivery of Property. The Agency will deliver the property
described in Schedule A hereof on the timetable and schedule described in
Schedule C hereof. The Redeveloper agrees to pay for and accept title of
such property as called for in this Agreement and agrees to begin develop-
ment promptly on the property conveyed within the time called for in this
Agreement, specifically Schedule D. Failure by the Redeveloper to pay
for and accept delivery of the urban renewal property as called for herein
will result in forfeiture of the deposits posted with the Agency by the
Redeveloper attributable to such property, without limiting the Agency as
to other remedies against the Redeveloper. In the event the Agency is
unable to deliver the property as called for in Schedule C to the Redeveloper,
the Redeveloper shall have the option of rescinding the development contract
as to such parcels in default only by causing a written notice to be served
upon the Agency of the exercise of such option. Upon receipt by the Agency
of this notice, the Agency shall have sixty (60) days to cure the default by
tendering the property covered in the notice to the Redeveloper. If the
Agency is unable to cure the default within the sixty (60) days as provided
herein, the Redeveloper shall stand .relieved of its obligation to accept the
parcel or parcels involved and the Agency shall promptly refund that
portion of the Redeveloper's deposit attributable to such parcels to the
Redeveloper. It is expressly understood and agreed that the Agency shall have
no other liability, direct or indirect, to the Redeveloper on account of delay
or inability to deliver land to the Redeveloper as called for in this Agreement
and the Redeveloper's remedy in the event of default by the Agency in
delivery of urban renewal land is hereby specifically limited to rescinding
the contract as to such land as provided in this paragraph. The Agency
agrees to use its best efforts to avoid delay in delivering property as called
for under this Agreement, and to make a good faith attempt to comply with
the delivery schedule called for herein.
(g) Default by
Redeveloper.
In the event the Redeveloper
fails
to acre t deliver of andP
ay for one or
more parcels of property, as
called
P J
for in this Agreement, the Agency may, at its option, call the entire
Agreement in default, serve a proper notice of forfeiture upon the
Redeveloper and terminate this Agreement in its entirety except that
forfeiture of this Agreement shall not relieve the Redeveloper of the
obligations imposed by this Agreement as to property already delivered
to the Redeveloper.
SECTION 3. PERFORMANCE DEPOSIT.
(a) Amount. The Redeveloper will, prior to or simultaneously
with the execution of the Agreement by the Agency, deliver to the Agency
a performance deposit in the amount of One Hundred Thousand Dollars
($100, 000) in the form of a cashier's check payable to the Agency, to be
hereinafter called,"Deposit, " as security for the performance of the
obligations of the Redeveloper to be performed prior to the return of the
Deposit to the Redeveloper, or its retention by the Agency as liquidated damages
in accordance with this Agreement. The Agency will upon execution of this
agreement return any previous deposits posted with the original proposal.
The
Deposit,
if cash or
cashier's check,
shall be deposited
in an account of the
Agency
in any bank
or trust company
selected by it.
(b) Interest. The Agency shall earn interest on the Deposit,
and interest payable thereon
when received by
the Agency
shall be paid to
the Redeveloper in a manner
agreeable to both
the Agency
and Redeveloper.
(c) Retention by Agency. Upon termination of the Agreement
as provided in Sections 703 and 704 hereof, the Deposit or the proceeds of
the Deposit, if not theretofore returned to the Redeveloper pursuant to
paragraph (d) of this Section, including all interest payable on such Deposit
or the proceeds thereof after such termination, shall be retained by the
Agency as provided in Sections 703 and 704 hereof.
(d) Return to Redeveloper. Upon termination of the Agreement
as provided in Section 702 hereof (1) or upon termination as to a specific
parcel, the Deposit or the appropriate portions thereof shall be returned to
the Redeveloper by the Agency as provided in Section 702 hereof. If the
Agreement shall not have been theretofore terminated and if no cause for
termination then exists, the Agency shall return the pro rata portion of the
deposit attributable to each parcel to which the following conditions apply
to the Redeveloper upon receipt by the Agency of the following:
(i) A copy of the commitment or commitments
obtained by the Redeveloper for the mortgage
loan or loans to assist in financing the
construction of the Improvements (as defined in
Section 301 hereof), certified by the Redeveloper
to be a true and correct copy or copies thereof;
5
i
(ii) Evidence satisfactory to the Agency that the
interim mortgage loan to assist in financing
the construction of the Improvements has been
initially closed;
(iii) A copy of the contract between the Redeveloper
and the general contractor for the construction
of the Improvements, certified by the Redeveloper
to be a true and correct copy thereof; and
(iv) A copy of the performance bond provided by the
general contractor in connection with the aforesaid
construction contract which bond shall be in a sum
equal to not less than one hundred per cent (100%)
of the contract price under said construction
contract, certified by the Redeveloper to be a true
and correct copy thereof.
(v) If the Redeveloper acts as general contractor, the
requirements of sub -sections (iii) and (iv) shall be
waived as to the parcels on which the Redeveloper
so acts.
SECTION 4. TIME FOR COMMENCEMENT AND COMPLETION
OF IMPROVEMENTS.
(a) The construction of the Improvements referred to in
Section 301 hereof shall be commenced and completed in accordance with
Schedule D hereof. Provided, that if a mortgage securing money loaned
to finance the Improvements, or any part thereof, is insured by the
Secretary of Housing and Urban Development, then the aforesaid completion
time shall not apply, but instead the construction of the Improvements, or
any part thereof, shall be completed within the time specified in the
applicable Building Loan Agreement approved by the Secretary of Housing
and Urban Development.
(b) It is agreed and understood that the "Improvements"
referred to herein are the same as those structures illustrated on Sheet
Number 5, entitled "Site Plan, " submitted by the Redeveloper in his
"Offer to Purchase, " as amended and dated
and that the same structures will be built by the Redeveloper on the parcels
of land offered for sale by the Agency. The information shown on the Site
Plan as amended is summarized as follows:
2
64-1 A hotel -motel of approximately 150 units
together with ancillary meeting rooms;
retail/services in parcel on southeast corner
of Block 64.
65-2 Retail Trade/Services/Offices. Four stories.
65-4
Retail
Trade/Services/Offices.
Two stories.
81-3, 81-4
Retail
Trade/Services/Offices.
Three stories.
82-1 Retail Trade/Services/Offices. Three stories.
83-1, 84-1 Two-story, enclosed weather -controlled retail
area with mall and multi -storied office tower.
93-1, 101-2 Residential Housing/ Offices.
102-1, 102-2 Retail Trade/Services/Offices.
102-3, 102-4 Two-story Motel Restaurant.
103-3 Retail Trade/Services/Offices. Alternate type
of improvement --residential housing.
SECTION 5. PUBLIC IMPROVEMENTS.
Subject to compliance with necessary legal requirements, the
Agency agrees to provide the public improvements outlined in Schedule
L hereof on the timetable set forth in that schedule. In this connection,
the Agency agrees to purchase the South 120 feet more or less of Parcel 83
and certain air rights over the remaining portions of Parcels 83 and 84, all
as more particularly set forth in Section 9 of this Agreement entitled
"Additional Properly Transactions" and to construct a parking facility for
not less than one thousand (1, 000) cars. The Agency and the Redeveloper
agree to enter into a separate contract prior to the beginning of construction
of said parking facility specifically delineating the rights and responsibilities
of each party with respect to the public facilities and private facilities
located in Blocks 83 and 84, and also with respect to the facilities in
Block 64.
7
In addition to the parking facility on Blocks 83 and 84, the Agency
agrees to construct not less than a six hundred (600) car parking facility
on Block 64 as called for in Schedule E hereof provided that the following
conditions exist:
(a) 'That the City has the financial resources available to pay
for such a facility and is under no legal disability with respect to such
financing or the construction of the facility. The City shall proceed in
good faith to plan for the financing of the parking facility and shall take
all reasonable steps to insure that the necessary financial resources will
be available. The City shall take all reasonable precautions to avoid any
legal disability with respect to such financing or the construction of the
facility.
(b) That the Redeveloper is reasonably on schedule with the
improvements called for in this Agreement and, specifically, that the
Redeveloper has obtained the necessary financing for the construction of a
hotel or equivalent improvement on the balance of Block 64, and the agreed
upon improvements on the south half of Block 65 and is prepared for and
committed to the actual construction of said improvements.
(c) Redevelopment activity, parking demand, mass transit
and auto use projections must be taken into consideration before any
construction of the Block 64 parking facility has begun.
If the Agency is unable to build the parking facility in Block 64
for any of the reasons set forth in sub -paragraphs (a) and (c) above the
Redeveloper shall have the option of reselling the Block 64 properties to
the Agency for the original purchase price paid by the Redeveloper for
Parcel 64-1.
SECTION 6. TIME FOR CERTAIN OTHER ACTIONS.
(a) Time for Submission of Construction Plans. The time
within which the Redeveloper shall submit its Construction Plans" (as
defined in Section 301 hereof) to the Agency in any event, pursuant to
Section 301 hereof, shall be not later than ninety (90) days from the date
set forth in Schedule D hereof as the date agreed upon for the commencement
of improvements.
(b) Time for Submission of Corrected Construction Plans.
Except as provided in paragraph (c) of this Section 6, the time within
which the Redeveloper shall submit any new or corrected Construction
Plans as provided for in Section 301 hereof shall be not later than
thirty (30) days after the date the Redeveloper receives written notice
no
i
from the Agency of the Agency's rejection of the Construction Plans referred
to in the latest such notice.
(c) Maximum Time for Approved Construction Plans. In any
event, the time within which the Redeveloper shall submit Construction
Plans which conform to the requirements of Section 301 hereof and are
approved by the Agency shall not be later than sixry (60) days after the
date the Redeveloper receives written notice from the Agency of the Agency's
first rejection of the original Construction Plans submitted to it by the
Redeveloper.
(d) Time for Agency Action on Change in Construction Plans.
The time within which the Agency may reject any change in the
Construction Plans, as provided in Section 302 hereof, shall be thirty (30)
days after the date of the Agency's receipt of notice of such change.
(e) Time for Submission of Evidence of Ec
Capital and
Mortgage Financing. The time within which the Redeveloper shall submit
to the Agency, in any event, evidence as to equity capital and any
commitment necessary for mortgage financing on each parcel, as provided
in Section 303 hereof, shall be not later than one hundred twenty (120) days,
a) after the date of written notice to the Redeveloper of approval of the
Construction Plans by the Agency, or, b) if the Construction Plans shall be
deemed to have been approved as provided in Section 301 hereof, after the
expiration of thirty (30) days following the date of receipt by the Agency of
the Construction Plans so deemed approved.
(f) if any hardship shall exist in complying with the foregoing
provisions of this section, the Redeveloper may petition to the Agency
in writing for an extension of time for performance of any part of this
section, setting forth in detail the reasons for needing such an extension.
SECTION 7. PERIOD OF DURATION OF COVENANT ON USE.
The covenant pertaining to the use of the Property, set forth in
Section 401 hereof, shall remain in effect from the date of the Deed until
October 2, 1994, the period specified or referred to in the Urban Renewal
Plan, and shall automatically extend for five year periods thereafter,
unless changed by the City Council.
SECTION 8. NOTICES AND DEMANDS.
A notice, demand, or other communication under the Agreement
by either party to the other shall be sufficiently given or delivered if it
is dispatched by registered or certified mail, postage prepaid, return
receipt requested, or delivered personally, and
E
(i) in the case of the Redeveloper, is addressed to
or delivered personally to the Redeveloper at
Old Capitol Associates
Rural Route #!4, Box 279
Iowa City, Iowa 52240
and,
(ii) in the case of the Agency, is addressed to
or delivered personally to the Agency at
City Manager
Civic Center
Iowa City, Iowa 52240
or at such other address with respect to either such party as that may,
from time to time, designate in writing and forward to the other as
provided in this Section.
SECTION 9. ADDITIONAL PROPERTY TRANSACTIONS.
The additional property transactions and exchanges outlined in
Schedule F are hereby agreed to by the Agency and the Redeveloper.
SECTION 10. SPECIAL CONTINGENCIES.
It is understood by the Redeveloper that the Agency is seeking
public approval for the issuance of approximately $6, 000, 000. 00 of
bonds to finance the construction of project improvements as called for
in this Agreement. In the event that legal approval is not obtained, this
Agreement shall stand null and void and all deposits paid by the Redeveloper
shall be returned, upon written notice by either party to the other.
It is also specifically understood that the Agency's agreements
herein with respect to the sale and exchange of public property are subject
to compliance by the Agency with all applicable State laws and Federal
regulations. This agreement is subject to approval of the United States
Department of Housing and Urban Development.
It is also understood and agreed that this contract is contingent
upon a decision being received from the United States District Court for
the Southern District of Iowa not to enjoin or prohibit proceeding under
this contract in the case of Laitner, et a4. v. DeProsse, Civil No. 74-6-D.
10
If the contingencies outlined in this Section are not satisfied by
July 1, 1974, either party may rescind this Agreement by giving written
notice to the other.
SECTION 11. SCOPE OF AGREEMENT.
This Agreement shall be deemed to include the City -University
Urban Renewal Plan Project I, Project No. Iowa R-14, as modified and
amended; the Offer to Purchase Land submitted by Old Capitol Business
Company on October 18, 1973, as amended; and all other land marketing
documents and modifications thereto which are by this reference made a
part hereof, to the extend that the same are not inconsistent with the terms
and provisionsof Part I and II of this Agreement.
SECTION 12. MODIFICATIONS TO PART II.
The
following amendments and
modifications are hereby made in
the terms,
covenants, and conditions
forming Part II
hereof:
(1) Modify Section 101, subsections (b), (c) and (g) by inserting
in lieu of the existing language the following language:
(b) Reduction of Walls: is changed to read, "Building
foundation walls that are needed for support or
protection of adjacent structures or sidewalks, or
pavement shall not be removed and will be left in
place. Building foundation walls, including cross -
walls, columns, or piers and walls or foundations
or such accessory parts of area -ways, interior or
exterior stairwells, chimneys, porches, docks, and
entrance steps and platforms, fuel storage supports
and coal holes shall be removed to one foot below
grade if they are not needed for support or protection
of adjacent structures. Sidewalk vaults exposed by
removal of foundation walls shall be removed. "
(c) Breaking Up Basement Floors: is changed to read,
In the areas where basements are to have debris
fill, all concrete or brick floors of basements or of
area -ways, stairwells or depressed structures,
occurring more than 3 feet below final grade need
not be removed. However, prior to placing of any
fill or debris or other material, basement floors
shall be broken through at all low points which
would collect water, and not less than 10 square
11
feet of floor at each low point, or not less than 5%
of the floor area, whichever is greater, shall be
removed in such a manner as to provide drainage. "
(g) Filling Materials: is changed to read, "All base-
ments or other excavations shall be backfilled using
sand, very sandy soil, or other materials approved
by the Engineer. Compaction of fills will not be
required except as specified by the Engineer. "
(2) Section 103 is amended by adding in the third line the
following language following the phrase "the property, ... "
Not later than the completion date of the improvements
as set forth in Schedules E and F hereof and provided that
the Agency has legal authority to perform...
(3) Section 203 is modified by deleting the phrase "the property"
wherever it appears in said section and inserting in lieu thereof the phrase
"any parcel".
(4) Section 301 is modified as follows:
(a) The word "property" is deleted from the second line
thereof and the words "any parcel" are inserted in lieu thereof.
(b) The phrase "the proposal of the Redeveloper dated
October 18, 1973, " is to be inserted in line 4 of said section between the
words "plan" and "the'
(c) The reference to Paragraph (a), Section 5 of Part I is
deleted and the reference changed to Section 6 of Part I hereof.
(d) The phrase "property" in line 14 of said section is
deleted and the phrase "each parcel" inserted in lieu thereof.
(e) The reference to Paragraph (b), Section 5 of Part I
hereof in line 29 is deleted and replaced by a reference to Section 6 of
Part I hereof.
(f) The reference to Paragraph (c), Section 5 of Part I in
line 37 should be replaced by a reference to Section 6 of Part I hereof.
(g) The reference to "the property" in line 40 is deleted
and the phrase "each parcel" inserted in lieu thereof.
12
•
•
(5) Section 302 is amended by deleting the reference to
Paragraph (d), Section 5 of Part I and inserting in lieu thereof a reference
to Section 6 of Part 1.
(6) Section 303 is amended as follows:
(a) Inserting "for each parcel" after the word "plans" in
the third line.
(b) Deleting "paragraph (e), Section 5 of Part I hereof" and
substituting "Section •6 of Part I hereof. "
(c) Deleting the period at the end of the last sentence and
inserting "on such parcel".
(7) Section 304 shall be amended by:
(a) Inserting "satisfactory to the Agency" after the word
"evidence" in the fourth line.
(b) Deleting "the property" in the next to the last line and
substituting in lieu thereof "each parcel".
(c) This Section shall not apply to property upon which
construction is scheduled to begin after March 1, 1976, as set forth in
Schedule D.
and 11.
(8) Section 305 shall be amended as follows:
(a) Changing "the deed" to read "each deed", in lines 4
(b) Changing "property" to read "parcel", in lines 7 and 19.
(c)
Deleting
the reference
to Section
4 of
Part I hereof and
substituting in lieu
thereof
a reference to
"Schedule
D",
in lines 10 and 11.
(9) Section 307 shall be read in light of the understanding of the
parties that certificates of completion will be issued to the Redeveloper
following completion by the Redeveloper of each separate parcel in the
project.
(10) Section 401 is modified as follows:
13
Not discriminate upon the basis of race, color, reli-
gion, sex or national origin in the sale, lease, or
rental or in the use or occupancy of the Property or any
improvements erected or to be erected thereof, or any
part thereof.
(c) Insert after subsection 401 (b) the following subsection:
All advertising (including signs) for sale and/or rental
of the whole or any part of the Property shall include
the legend, "An Open Occupancy Building" in type or
lettering of easily legible size and design. The word
"Project" or "Development" may be substituted for
the word "Building" where circumstances require such
substitution.
(d) Insert after subsection 401 (c) the following:
Comply with the regulations issued by the Secretary of
Housing and Urban Development set forth in 37 F. R. 22732-3
and all applicable rules and orders issued thereunder
which prohibit the use of lead-based paint in residential
structures undergoing federally -assisted construction or
rehabilitation and require the elimination of lead-based
paint hazards.
(11) Section
402 is modified by
deleting the reference
to
Section 6
of Part
I and substituting a
reference to Section 7
of
Part 1.
(12) Sections 501 (c), 502, 504, 703 (a) (ii), 704 (c) shall all
be construed in a fashion consistent with the fact that the
Redeveloper is a partnership rather than a corporation.
(13) Section 504 shall be modified by inserting "first" before
"Deed" where the same appears in the 23rd and 24th lines.
(14) Section 601 shall be modified as follows:
(a) Deleting "the property" from the fifth and seventh lines
and substituting in lieu thereof "any parcel".
(b) Inserting "on such parcel" after the word "improvements"
on the eighth line.
14
(c) Deleting"purchase price" from the ninth line and sub-
stituting in lieu thereof "parcel price".
(d) Deleting "the property" from the 12th and 13th lines and
substituting in lieu thereof "any parcel".
(e) Deleting "the property" from the 17th line and substituting
in lieu thereof "a parcel".
(15) Section 701 is amended by adding at the end thereof "except
as modified by Section 2 of Part I hereof".
(16) Section 702 shall be revised to read as follows:
"SECTION 702. Termination by Redeveloper Prior to
Construction. In the event that
(a) the Agency does not tender conveyance of each parcel,
or possession thereof, in the manner and condition,
and by the take-down date, provided in Schedule C of
the Agreement, and any such failure shall not be cured
within sixty (60) days after the date of written demand
by the Redeveloper; and the Agency shall be unable to
demonstrate, to the reasonable satisfaction of the
Redeveloper, (1) that the defects, cloud, or other
deficiencies in or on title involved, or the part of the
property to which it relates, is of such nature that the
Redeveloper will not be hampered or delayed in the
construction of the improvements by taking title and
possession subject to such defects, will through its
power of condemnation or otherwise be readily able to
secure or eliminate such defects, cloud, or deficiencies
subsequent to delivery of title and possession of the
property or the remainder thereof and in any event
prior to completion of the improvement; or
(b) the Redeveloper shall, after preparation of construction
plans for any parcel satisfactory to the Agency, furnish
evidence satisfactory to the Agency that it has been
unable, after and despite diligent effort for a period of
sixty (60) days after approval by the Agency of the parcel
construction plans, to obtain mortgage financing for the
construction of the improvements on any such parcel on
a basis and on terms that would generally be considered
satisfactory by builders or contractors for improvements
15
of the nature and type provided in such parcel construction
plans, and the Redeveloper shall, after having submitted
such evidence and if so requested by the Agency, continue
to make diligent efforts to obtain such financing for a
period of sixty (60) days after such request, but without
success,
then the Agreement shall, at the option of the Redeveloper, be terminated
by written notice thereof to the Agency as to such parcel or part thereof,
and the Redeveloper shall be entitled to a return of a pro -rata portion of
the deposit and neither the Agency nor the Redeveloper shall have any
further rights against_ or liability to the other under the Agreement as to
such parcel or part thereof provided that the Redeveloper shall immediately
reconvey to parcels involved to the Agency free of all liens and the Agency
shall return the purchase price. "
(17) Section 703 shall be modified to read as follows:
"SECTION 703. Termination by Agency Prior to Conveyance.
In the event that
(a) prior to the conveyance of any parcel to the Redeveloper
and in violation of the Agreement
(i) the Redeveloper (or any successor in interest)
assigns or attempts to assign the Agreement or
any rights therein, or in the property, or
(ii) there is any change in the ownership or distribution
of the stock of the Redeveloper or with respect to
the identity of the parties in control of the
Redeveloper or the degree thereof; or
(b) the Redeveloper does not submit construction plans for
any parcel, as required by the Agreement, or (except as
excused under subdivision (b) of Section 702 hereof)
evidence that it has the necessary equity capital and
mortgage financing, in satisfactory form and in the
Agreement therefor; or
(c) the Redeveloper does not pay the parcel price for any
parcel and takes title to such parcel upon tender of
conveyance by the Agency pursuant to the Agreement,
and if any default or failure referred to in subdivisions
16
(b) and (c) of this Section 703 shall not be cured within
sixty (60) days after the date of written demand by the
Agency,
then the Agreement, and any rights of the Redeveloper, or any assignee or
transferee, in the Agreement, or arising therefrom with respect to the
Agency or those parts or parcels of the property not conveyed to the
Redeveloper at such time, shall, at the option of the Agency, be terminated
by the Agency, in which event, the deposit shall be retained by the Agency
as liquidated damages and as its property without any deduction, off -set,
or recoupment whatsoever, and neither the Redeveloper (or assignee or
transferee) nor the Agency shall have any further rights against or liability
to the other under the Agreement as -to -those parcels not conveyed to the
Redeveloper at that time, but as to parcels which have been conveyed to
the Redeveloper at that time, the Agreement shall remain in full force and
effect. In the event that the Agency is unabletotender conveyance or
possession of any part thereof in the manner and condition provided in this
Agreement, by reason of the Agency being enjoined or prevented from doing
so by any order or decision or act of any judicial, legislative or executive
body having authority in the premises, then this Agreement may, at the
option of the Agency be cancelled as to such parcel not conveyed to the
Redeveloper at the time of such cancellation and the Redeveloper shall be
entitled to the return of a pro -rata portion of the deposit and the Agency to
retention of title not conveyed prior to such cancellation, and neither the
City nor the Redeveloper shall have any further rights against or liability
to the other under this Agreement as to such parcel or part thereof. "
(18) Section 704 shall be modified as follows:
"SECTION 704. Revesting Title in Agency Upon Happening
of Event Subsequent to Conveyance to Redeveloper. In the event that
subsequent to conveyance of any parcel or any part thereof to the
Redeveloper and prior to completion of the improvements as certified by the
Agency
(a) the Redeveloper (or successor in interest) shall default
in or violate its obligations with respect to the
construction of the improvements on such parcel
(including the nature and the dates for the beginning and
completion thereof), or shall abandon or substantially
suspend construction work, and any such default,
violation, abandonment, or suspension shall not be cured,
ended, or remedied within three (3) months (six (6)
months, if the default is with respect to the date for
completion of such improvements) after written demand
by the Agency so to do; or
17
w
(b) the Redeveloper (or successor in interest) shall fail
to pay real estate taxes or assessments on any parcel
or any part thereof when due, or shall place thereon
any encumbrance or lien unauthorized by the Agreement,
or shall suffer any levy or attachment to be made, or
any materialmen's or mechanic's lien, or any other
unauthorized encumbrance or lien to attach, and such
taxes or assessments shall not have been paid, or the
encumbrance or lien removed or discharged or provision
satisfactory to the Agency made for such payment, removal,
or discharge, within ninety (90) days after written demand
by the Agency so to do; or
(c) there is, in violation of the Agreement, any transfer of
a parcel or any part thereof, or any change in the
ownership or distribution of the stock of the Redeveloper,
or with respect to the identity of the parties in control of
the Redeveloper or the degree thereof, and such violation
shall not be cured within sixty (60) days after written
demand by the Agency to the Redeveloper,
then the Agency shall have the right to re-enter and take possession of the
parcel and to terminate (and revest in the Agency) the estate conveyed by
the deed to the Redeveloper, it being the intent of this provision, together
with other provisions of the Agreement, that the conveyance of each parcel
to the Redeveloper shall be made upon, and that each deed shall contain, a
condition subsequent to the effect that in the event of any default, failure,
violation, or other action or inaction by the Redeveloper specified in sub-
divisions (a), (b), and (c) of this Section 704 failure on the part of the
Redeveloper to remedy, end, or abrogate such default, failure, violation,
or other action or inaction, within the period and in the manner stated in
such subdivisions, the Agency at its option may declare a termination in
favor of the Agency of the title, and ofallthe rights and interests in and to
the parcel conveyed by the deed to the Redeveloper, and that such title and
all rights and interests of the Redeveloper, and any assigns or successors
in interest to and in the parcel, shall revert to the Agency: Provided,
That such condition subsequent and any revesting of title as a result thereof
in the Agency
(1) shall always be subject to and limited by, and shall not
defeat, render invalid, or limit in any way, (i) the lien
of any mortgage authorized by the Agreement, and (ii)
any rights or interests provided in the Agreement for the
protection of the holders of such mortgages; and
W.
•
(2) shall not apply to individual parts or parcels of the property
(or, in the case of parts or parcels leased, the leasehold
interest) on which the improvements to be constructed
thereon have been completed in accordance with the Agreement
and for which a certificate of completion is issued therefor
as provided in Section 307 hereof.
The Agency further shall have the right to retain the deposit as its property
without any deduction, off -set or recoupment whatsoever. "
(19) Section 803 shall be modified by deleting "the property" from
the third line and substituting in lieu thereof "any parcel".
(20) Add new Section 805:
The Agency agrees, upon request of the Redeveloper, to
provide from time to time written statements that the
Redeveloper is not in default under this Agreement provided
that is the case.
IN WITNESS WHEREOF, the Agency has caused this Agreement,
consisting of Parts I and II and Schedules A through F, to be duly executed
in its name and behalf by its Mayor and its seal to be hereunto duly affixed
and attested by its City Clerk, and the Redeveloper has caused the Agreement
to be duly executed in its name and behalf by its principals below.
Attest:
City Clerk
CITY OF IOWA CITY, IOWA
BY:
19
Mayor
STATE OF IOWA )
) SS:
COUNTY OF JOHNSON)
•
OLD CAPITOL ASSOCIATES
BY:
Wilfreda Hieronymus, President,
Hieron, Inc., an Iowa Corporation,
a partner.
BY:
Jay C. Oehler, President,
Investments Incorporated, an Iowa
Corporation, a partner.
BY:
Ivan Himmel, President,
Meadow Link, Incorporated, an
Indiana Corporation, a partner.
On this day of March, 1974, before me personally came
and appeared Wilfreda Hieronymus, Jay C. Oehler and Ivan Himmel to
me known and known to me to be the persons who executed the above
instrument who being first duly sworn by me depose and state that they are
members of the firm of Old Capitol Associates and that they executed the
foregoing Agreement in the firm name of Old Capitol Associates and that
they had authority to sign the same, and they did acknowledge to me that
they executed the same as the act and deed of said firm of Old Capitol
Associates for the uses and purposes mentioned therein.
IN WITNESS WHEREOF, I have hereunto signed my name and affixed
my Notarial Seal the day and year last above written.
Notary Public in and for
Johnson County, Iowa.
My commission expires
20
LEGAL DESCRIPTION
(To be supplied at time of execution of contract. ]
Total Price
$158,912
72,800
174,307
105,000
84,375
74v800
412,720
563,200
114,000
171,000
14,896
15,075
90,750
52,500
121,500
TOTAL 503,605 $2,225,835
PRICE
Square
Feet
Parcel No.
Cost
Area -
64 -1
$ 3.82
41,600
65-2
10.00
7,280
65-4
6.35
270450
81-3
10.00
10,500
81-4
11.25
7,500
82-1
11.00
6,800
83-1
3.22
128,000
84-1
5.50
102,400
93-1
2.00
57,000
101-2
3.00
57, 000
102-1
7. 32
20035
102-2
7.39
2,040
102-3
5.50
16, 500
102-4
5.00
10,500
103-3
4.50
27,000
Total Price
$158,912
72,800
174,307
105,000
84,375
74v800
412,720
563,200
114,000
171,000
14,896
15,075
90,750
52,500
121,500
TOTAL 503,605 $2,225,835
SCHEDULE C
LAND DELIVERY SCHEDULE
Parcel No.
Total Price
Take -Down Date
64-1
$158,912
2
years
after
date
of
Initiation.
65-2
72,800
2
years
It"
65-4
174,307
2
years
"
It
81-3
105,000
2
years
"
It
"
"
81-4
84,375
2
years
''
If
it
"
82-1
74,800
2
years
"
"
"
"
83-1
412,720
1
year
''
"
It
"
84-1
563,200
1
year
93-1
114,000
6
months
101-2
171,000
1
year
102-1
14,896
2
years
"
It
102-2
15,075
2
years
It
"
"
102-3
90,750
1
year
"
"
"
"
102-4
52,500
1
year
It
It
it
"
103-3
121,500
2
years
"
"
It
"
Property will be delivered in the following stages:
Stage I: Not later than 6 months after date of Initiation.
Parcel 93-1
Stage II: Not later than 1 year after date of Initiation.
Parcels 83-1, 84-1, 101-2, 102-3, 102-4
Stage III: Not later than 2 years after date of Initiation.
Parcels 64-1, 65-2, 65-4, 81-3, 81-4, 82-1, 102-1,
102-2, 103-3
All property shall be conveyed and paid for not later than March 1, 1976.
"Date of Initiation" as used in this Schedule shall mean the date written
notice is given to the Redeveloper of satisfaction of the conditions set
forth in Section 10.
SCHEDULE D
CONSTRUCTION COMMENCEMENT AND COMPLETION SCHEDULE
Parcel No.
Commencel
Estimated Completionl
64-1
2 years, 6 mos.
4 years, 6 mos.
65-2
5 years, 3 mos.
6 years, 3 mos.
65-4
2 years, 6 mos.
3 years, 6 mos.
81-3
4 years, 3 mos.
5 years, 3 mos.
81-4
4 years, 3 mos.
5 years, 3 mos.
82-1
3 years, 6 mos.
4 years, 6 mos.
83-1
1 year
2 years, 10 mos.
84-1
1 year
2 years, 10 mos.
93-1
6 mos.
*5 years
101-2
1 year
*5 years
102-1
4 years, 3 mos.
5 years, 3 mos.
102-2
4 years, 3 mos.
5 years, 3 mos.
102-3
1 year
2 years
102-4
1 year
2 years
103-3
5 years, 3 mos.
6 years, 3 mos.
*Completion refers to entire residential/ commercial
improvement.
lAll references
to time are agreed to mean after
the date of Initiation.
"Date of Initiation" as used in this Schedule shall
mean the date written
notice is given to the Redeveloper of satisfaction
of the conditions set
forth in Section
10.
•
■
SCHEDULE E
I. WORK TO BE PERFORMED BY CITY
1974: (Immediately after date of Initiation)
1. City to begin coordinated design engineering for parking
facility in Blocks 83 and 84. Not more than one year after
date of initiation start construction on ramp on south 120'+
of Block 83 and as column supports become available by
developer, continue ramp construction on air -rights over
mall.
Developer will design, construct and maintain its building
in Blocks 83 and 84 so that the city will have adequate column
support for its parking decks in the air rights above the
developer's building. All such design, construction and
maintenance will be at no cost to the city. It is understood
and agreed that the developer will construct said column
supports to the level of the city's air rights (which shall be
the underside of the slab of the city's lower level of parking)
and that the city in constructing its lower level parking deck
shall so supply a weather tight roof enclosure for the
developer's building. Maintenance of this slab and of its
weather tight condition shall be the sole responsibility of the
city.
2. City to commence coordinated design engineering for all
utilities, mall service access, streets, traffic signalization,
malls, etc. Engineering and construction drawings to be
completed by January 2, 1975.
3. City to commence arrangements for all necessary street
closures, property exchanges, sales and vacations. Work to
be completed within 6 months of commencement.
4. City to make all necessary arrangements with all public
and private utilities to facilitate performance on their part
and coordination with the city's work requirements. Work
to be completed within 6 months of commencement.
1974: (6 months after Initiation)
1. City to have completed all required engineering and
construction within the Capitol R. O. W. Burlington to Court.
2. City to begin Washington Street improvement (complete
construction within 12 months thereafter).
1975:
•
1. City to construct parking ramp in Block 83 and proceed
with construction of parking decks in air rights over Blocks
83 and 84 as fast as coordination with developer's construction
will permit.
2. City to complete construction of Capitol Street Mall.
3. City to complete vacation of College Street (Capitol to
Clinton) and abandon all utilities by March 1, 1975.
1976:
1. City to complete construction of College Street Mall.
2. City to complete engineering of Burlington/Linn parking
ramp.
1977:
1. City to construct Burlington/Linn parking ramp and
complete construction of the Clinton Street Mall.
1978:
1. City to construct Dubuque Mall.
NOTE: It is understood and agreed that the city will cooperate
with the developer,
in every way possible, in order to
coordinate and complete all of its obligations and under-
takings in connection with this project so that the
development of the
entire project will proceed smoothly
and be completed in the shortest possible time.
II.
VACATION AND DISPOSITION OF STREETS AND ALLEYS
Street
Disposition
1.
College,
Clinton to Capitol
Vacate, convey to Redeveloper
2.
College,
Clinton to Linn
Vacate, maintain
3.
Capitol,
Washington to Burlington
Vacate, maintain
4.
Capitol,
Burlington to Court
Vacate, convey to Redeveloper
5.
Dubuque,
Washington to Burlington
Vacate, maintain
6.
Alleys,
Blocks 83 and 84
Vacate, convey to Redeveloper
7.
Alley, Block 101
Vacate, convey to Redeveloper
Continued:
Street
8. Alley, Block 64
9. Madison, Iowa to Burlington
10. Washington, Clinton to Madison
11. Dubuque, Washington to Jefferson
Disposition
Vacate, convey part to Redeveloper
Selective traffic restrictions under
consideration
Selective traffic restrictions under
consideration
Selective traffic restrictions under
consideration
SCHEDULE F
ADDITIONAL PROPERTY TRANSACTIONS
in order to complete the development program, as indicated in
this agreement, certain additional land transactions must take place.
These are in addition to the acquisition of the parcels listed on Schedule B
hereto and form an integral requirement for the completion of this project.
1. All closures of public rights-of-way as indicated on the development
plans, as amended, and Section 103, Part II hereof, in a timely
manner so as to assist the developer in the successful execution of
the development.
to
3.
4.
Vacation of the College Street right-of-way between Capitol and
Clinton Streets.
Concurrent with the transfer of title to Blocks 83-1 and 84-1 the
city will exchange the following described property:
The northerly 320 feet of the east one-half of Block 101,
plus 320 feet of the north -south alley in Block 101, the
vacated right-of-way of Capitol Street from the south
boundary of Burlington Street to the north boundary of
Court Street subject to easement for subsurface utility
purposes (said easement to be in a straight north -south
line and of a minimum width).
For:
The air rights over Block 84 and the northernmost 200
feet of Block 83 sufficient to construct two levels of
parking.
The city agrees to purchase the southernmost 120+ feet of Block 84,
at the appraised value ($3. 22 per square foot), from the redeveloper
for the construction of a multi-level parking facility. The city will
complete excavation, grading and retaining walls for the access
road to the redeveloper's mall service area (basement) in the
vacated right-of-way of Capitol Street as indicated on sheet #5 Site
Plan submitted by the developer with his offer to purchase, as
amended.
In Block 64 we propose to exchange the 41, 600 square foot parcel
which we are acquiring for the following owned property:
a. The 28, 800 square foot triangle under the proposed hotel.
Schedule F
Page 2
b. The surface rights only to the 17, 112 square foot area under
the proposed bus terminal.
As indicated on the development plans, it is the intention that the
city parking ramp (to be constructed in Block 64) will extend over
the redeveloper's commercial site, in air rights to be owned by
the city. The city further agrees to construct the roadway
separating the hotel and parking structure. This exchange shall
take place concurrently with the transfer of title to Parcel 64-1.
5. The city will provide air right easements in the amount and to the
extent of the revised drawing, without charge, to the developer for
construction of any portion of a building which may extend over a
public right-of-way as indicated in the development plan.
TERMS AND CONDITIONS
Part II
of
Contract for
SALE OF LAND FOR PRIVATE REDEVELOPMENT
By and Between
City of Iowa City, Iowa
and
j
l
•� Y"Yy—f4
.•_ y a
HUD -6209B
(9.69)
Section
ARTICLE I. PREPARATION OF PROPERTY FOR
REDEVELOPMENT
Page
101. Work To Be Performed by Agency VII -15
102. Expenses, Income, and Salvage Vii -is
103.
Agency's
Responsibilities for
Certain Other Actions
VII -16
104.
Waiver
of Claims and Joining
in Petitions by Redeveloper
VII
-17
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
201. Right of Entry for Utility Service VII -17
202. Redeveloper Not To Construct Over Utility Easements VII -17
203. Access to Property VII -17
ARTICLE III. CONSTRUCTION PLANES; CONSSTTRUUCTION OF
IMPROVEMENTS, CERTIFICATE OF
COMPLETION
301. Plans for Construction of Improvements VII -18
302. Changes in Construction Plans VII -19
303. Evidence of Equity Capital and Mortgage Financing VII -1 9
304. Approvals of Construction Plans and Evidence of Financing VII -19
As Conditions Precedent, to Conveyance
305. Commencement and Completion of Construction of VII -19
Improvements
VII -20
306. Progress Reports
307. Certificate of Completion
VII -20
•
Section
C�
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
401. Restrictions on Use
402. Covenants; Binding Upon Successors in Interest; Period of
Duration
403. Agency and United States Rights To Enforce
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND
TRANSFER
501. Representations As to Redevelopment
502• Prohibition Against Transfer of Shares of Stock; Binding
Upon Stockholders Individually
503. Prohibition Against Transfer of Property and Assignment of
Agreement
504. Information As to Stockholders
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF
MORTGAGEES
601. Limitation Upon Encumbrance of Property
602. Mortgagee Not Obligated To Construct
603. Copy of Notice of Default to Mortgagee
604. Mortgagee's Option To Cure Defaults
605. Agency's Option To Pay Mortgage Debt or Purchase Property
606. Agency's Option To Cure Mortgage Default
607. Mortgage and Holder
ARTICLE VII. REMEDIES
701. In General
702. Termination by Redeveloper Prior to Conveyance
703. Termination by Agency Prior to Conveyance
ii
Page
VII -21
VII -21
VII -22
VII -22
VII -23
VII -24
VII -26
VII -26
VII -27
VII -27
VII -27
VII -28
VII -29
VII -29
VII -29
VII -29
VII -30
704. Revesting Title in Agency Upon Happening of Event Subsequent
to Conveyance to Redeveloper
705. Resale of Reacquired Property; Disposition of Proceeds
706. Other Rights and Remedies of Agency; No Waiver by Delay
707. Enforced Delay in Performance for Causes Beyond Control of
Party
708. Rights and Remedies Cumulative
709. Party in Position of Surety With Respect to Obligations
Page
VII -31
VII -32
VII -33
VII -33
VII -34
VII -34
ARTICLE VIII. MISCELLANEOUS
801. Conflict of Interests; Agency Representatives Not Individually VII -35
Liable
802. Equal Employment Opportunity VII -35
803. Provisions Not Merged With Deed VII -36
804. Titles of Articles and Sections VII -36
•
ARTICLE I. PREPARATION OF PROPERTY FOR REDEVELOPMENT
SEC. 101. Work To Be Performed by Agency. The Agency shall, prior
to conveyance of the Property and without expense to the Redeveloper,
prepare the Property for redevelopment by the Redeveloper in accordance
with the Urban Renewal Plan and the Agreement. Such preparation of the
Property shall consist of the following (unless the Agency and the
Redeveloper hereafter agree in writing that any of such preparation shall
not be done, or that it shall be done subsequent to the conveyance of the
Property):
(a) Demolition and Removal. The demolition and removal to the surface
elevation of the adjoining ground of all existing buildings, other
structures and improvements on the Property, including the removal
of all bricks, lumber, pipes, equipment and other material, and
all debris and rubbish resulting from such demolition, except such
material and debris as may be used for any filling required by
this Section.
(b) Reduction of Walls. The reduction of all walls, including
foundation walls, to the surface elevation of the adjoining
ground.
(c) Breaking Up Basement Floors. The breaking up of all basement or
cellar floors sufficiently to permit proper drainage.
(d) Removal of Paving. The removal by the Agency or by the
appropriate public body of all paving (including catch basins,
curbs, gutters, drives, and sidewalks) within or on the Property.
(e) Removal of Public Utility Lines. The removal or abandonment by
the Agency or by the appropriate public body or public utility
company of all public utility lines, installations, facilities,
and related equipment within or on the Property.
(f) Filling and Grading. Such filling, grading, and leveling of the
land but not including topsoil or landscaping) as will permit
proper drainage and place the Property in a safe, clean, sanitary,
and nonhazardous condition.
(g) Filling Materials. The filling of all basements or other
excavations exposed as a result of the work performed by the
Agency pursuant to this Section, with noncombustible materials to
a level twelve (12) inches below the surface of the adjoining
ground on all sides thereof.
SEC. 102. Expenses, Income, and Salvage. All expenses, including
current taxes, if any, relating to buildings or other structures demolished
or to be demolished in accordance with Section 101 hereof shall be borne
by, and all income or salvage received as a result of the demolition of
such buildings or structures shall belong to, the Agency.
VII -15
SEC. 103. Agency's Responsibilities for Certain Other Actions. The
Agency, without expense to the Redeveloper or assessment or claim against
the property, in accordance with the Urban Renewal Plan, provide or secure
or cause to be provided or secured, the following:
(a) Vacation of Streets, Etc. The closing and vacation of all
existing streets, alleys, and other public rights-of-way within
or abutting on the Property.
(b) Replatting, Resubdivision, or Rezoning. The replatting, resub-
division, or rezoning of the Property, if necessary for the con-
veyance thereof to the Redeveloper.
(c) Improvements of Existing Streets. The improvement (by the Agency
or by the appropriate public body) by'resurfacing, rebuilding, or
new construction, in accordance with the technical specifications,
standards, and practices of the City, of the existing streets,
alleys, or other public rights-of-way (including cath basins,
curbs and gutters, drive and curb cuts, and drives between the
property line of the Property and the public rights-of-way)
abutting on the Property.
(d) Construction and Dedication of New Streets. The construction (by
the Agency or by the appropriate public body), in accordance with
the technical specifications, standards, and practices of the
City, and the dedication of all new streets, alleys, and other
public rights-of-way ( including catch basins, curbs, and gutters)
abutting on the Property.
(e) Installation of Sidewalks. The installation (by the Agency or by
The appropriate public body), in accordance with the technical
specifications, standards, and practices of the City, of public
sidewalks along the frontage of the public streets abutting on
the Property or within the rights-of-way lines of such public
streets, together with sodding or seeding of any such public area
between such sidewalks or the curb lines of such public streets.
(f) Street Lighting, Signs, and Fire Hydrants. The installation (by
the Agency or by the appropriate public body), in accordance with
the technical specifications, standards, and practices by the
City, of street lighting, signs, and fire hydrants in connection
with all new streets abutting on the Property and to be con-
structed pursuant to this Section.
(g) Installation of Public Utilities. The installation or relocation
(by the Agency or by t e appropriate public body or public utility
company) of such sewers, drains, water and gas distribution
lines, electric, telephone, and telegraph lines and all other
public utility lines, installations, and facilities as
VII -16
are necessary to be installed or relocated on or in connection
with the Property by reason of the redevelopment contemplated by
the Urban Renewal Plan and the development of the Property:
Provided, That the Agency shall not be responsible for, nor bear
any portion of the cost of, installing the necessary utility
connections within the boundaries of the Property between the
Improvements to be constructed on the Property by the Redeveloper
and the water, sanitary sewer, and storm drain mains or other
public utility lines owned by the City or by any public utility
company within or without such boundaries, or electric, gas,
telephone, or other public utility lines owned by any public
utility company within or without such boundaries, and the
Redeveloper shall secure any permits required for any such
installation without cost or expense to the Agency.
SEC. 104. Waiver of Claims and Joining in Petitions by Redevelo er.
The Redeveloper hereby waives as the purchaser of the Property under the
Agreement and as the owner after the conveyance of the Property provided
for in the Agreement) any and all claims to awards of damages, if any, to
compensate for the closing, vacation, or change of grade of any street,
alley, or other public right-of-way _within or fronting or abutting on, or
adjacent to, the Property which, pursuant to subdivision (a) of Section 103
hereof, is to be closed or vacated, or the grade of which is to be changed,
and shall upon the request of the Agency subscribe to, and join with, the
Agency in any petition or proceeding required for such vacation, dedication,
change of grade, and, to the extent necessary, rezoning, and execute any
waiver or other document in respect thereof.
ARTICLE II. RIGHTS OF ACCESS TO PROPERTY
SEC. 201. Right of Entry for Utility Service. The Agency reserves
for itself, the City, and any public utility company, as may be appropriate,
the unqualified right to enter upon the Property at all reasonable times Por
the purpose of reconstructing, maintaining, repairing, or servicing the
public utilities located within the Property boundary lines and provided for
in the easements described or referred to in Paragraph (a), Section 2 of
Part I hereof.
SEC. 202. Redeveloper Not To Construct Over Utility Easements. The
Redeveloper shall not construct any building or other structure or improvement
on, over, or within the boundary lines of any easement for public utilities
described or referred to in Paragraph (a), Section 2 of Part I hereof, unless
such construction is provided for in such easement or has been approved by the
City. If approval for such construction is requested by the Redeveloper, the
Agency shall use its best efforts to assure that such approval shall not be
withheld unreasonably.
SEC. 203. Access to Property. Prior to the conveyance of the Property
by the Agency to the Redeveloper, the Agency shall permit representatives of
the Redeveloper to have access to any part of the Property as to which the
Agency holds title, at all reasonable times for the purpose of obtaining data
VII -17
and making various tests concerning the Property necessary to carry out the
Agreement. After the conveyance of the Property by the Agency to the
Redeveloper, the Redeveloper shall permit the representatives of the Agency,
the City., and the United States of America access to the Property at all
reasonable times which any of them deems necessary for the purposes of the
Agreement, the Cooperation Agreement, or the Contract for Loan and Capital
Grant, including, but not limited to, inspection of all work being performed
in connection with the construction of the Improvements. No compensation
shall be payable nor shall any charge be made in any form by any party for
the access provided for in this Section.
ARTICLE III. CONSTRUCTION PLANS; CONSTRUCTION OF
IMPROVE"d+SENTS; CERTIFICATE OF COMPLETION
SEC. 301. Plans for Construction of Improvements. Plans and
specifications with respect to the redevelopment of the Property and the
construction of improvements thereon shall be in conformity with the Urban
Renewal Plan, the Agreement, and all applicable State and local laws and
regulations. As promptly as possible after the date of the Agreement, and,
in any event, no later than the time specified therefor in Paragraph (a),
Section 5 of Part I hereof, the Redeveloper shall submit to the Agency, for
approval by the Agency, plans, drawings, specifications, and related
documents, and the proposed construction schedule (which plans, drawings,
specifications, related documents, and progress schedule, together with any
and all changes therein that may thereafter be made and submitted to the
Agency as herein provided, are, except as otherwise clearly indicated by the
context, hereinafter collectively called "Construction Plans") with respect
to the improvements to be constructed by the Redeveloper on the Property, in
sufficient completeness and detail to show that such improvements and
construction thereof will be in accordance with the provisions of the Urban
Renewal Plan and the Agreement. The Agency shall, if the Construction Plans
originally submitted conform to the provisions of the Urban Renewal Plan and
the Agreement, approve in writing such Construction Plans and no further
filing by the Redeveloper or approval by the Agency thereof shall be required
except with respect to any material change. Such Construction Plans shall,
in any event, be deemed approved unless rejection thereof in writing by the
Agency, in whole or in part, setting forth in detail the reasons therefor,
shall be made within thirty (30) days after the date of their receipt by the
Agency. If the Agency so rejects the Construction Plans in whole or in part
as not being in conformity with the Urban Renewal Plan or the Agreement, the
Redeveloper shall submit new or corrected Construction Plans which are in
conformity with the Urban Renewal Plan and the Agreement, within the time
specified therefor in Paragraph (b), Section 5 of Part I hereof, after
written notification to the Redeveloper of the rejection. The provisions of
this Section relating to approval, rejection, and resubmission of corrected
Construction Plans hereinabove provided with respect to the original
Construction Plans shall continue to apply until the Construction Plans have
been approved by the Agency: Provided, That in any event the Redeveloper
shall submit Construction Plans which are in conformity with the requirements
of the Urban Renewal Plan and the Agreement, as determined by the Agency, no
later than the time specified therefor in Paragraph (c), Section 5 of Part I
VII -18
hereof. All work with respect to.the improvements to be constructed or
provided by the Redeveloper on the Property shall be in conformity with the
Construction Plans as approved by the Agency. The term "Improvements"as
,
used in this Agreement, shall be deemed to have reference to the improvements
as provided and specified in the Construction Plans as so approved.
SEC. 302. Changes in Construction Plans. If the Redeveloper desires to
make any change in the Construction Plans after their approval by the Agency,
the Redeveloper shall submit the proposed change to the Agency for its
approval. If the Construction Plans, as modified by the proposed change,
conform to the requirements of Section 301 hereof with respect to such
previously approved Construction Plans, the Agency shall approve the proposed
change and notify the Redeveloper in writing of its approval. Such change in
the Construction Plans shall, in any event, be deemed approved by the Agency
unless rejection thereof, in whole or in part, by written notice thereof by
the Agency to the Redeveloper, setting forth in detail the reasons therefor,
shall be made within the period specified therefor in Paragraph (d), Section
5 of Part I hereof.
S8C. 303. Evidence of Equity Capital and Mortgage Financing. As
promptly as possible after approval b the
Plans, and, in any event, no later than the time MLICyspecified of the otherefor oin
Paragraph (e), Section 5 of Part I hereof, the Redeveloper shall submit
to the Agency evidence satisfactory to the Agency that the Redeveloper
has the equity capital and commitments for mortgage financing necessary
for the construction of the Improvements.
SEC. 304. provals of Construction Plans and Evidence of FinancinE
As Conditions Precedent to Conve ance. The submission of Construction
Plans and their approval by -the ncy
Section
and the submission of evidence of equityscapitaleandncommitmentslforreof,
mortgage financing as provided in Section 303 hereof, are conditions
precedent to the obligation of the Agency to convey the Property to the
Redeveloper.
SEC. 305. Commencement and Completion of Construction of
Improvements. TRe Redeveloper agrees for itself, its successors and ,
assigns, and every successor in interest to the Property, or an
thereof, and the Deed shall contain covenants on the part of the part
Redeveloper for itself and such successors and assigns, that the
Redeveloper, and such successors and assigns, shall promptly begin and
diligently prosecute to completion the redevelopment of the Property
through the construction of the Improvements thereon, and that such
construction shall in any event be begun within the period specified in
Section 4 of Part I hereof and be completed within the period specified
in such Section 4. It is intended and agreed, and the Deed shall so
expressly provide, that such agreements and covenants shall be covenants
running with the land and that they shall, in any event, and without
regard to technical classification or designation, legal or otherwise,
and except only as otherwise specifically provided in the Agreement
Itself, be, to the fullest extent permitted by law and equity, binding for
the benefit of the community and the Agency and enforceable by the Agency
against the`Redeveloper and its successors and assigns to or of the
Property or any part thereof or any interest therein.
VII -19
SEC. 306. Progress Reports. Subsequent to conveyance of the Property,
or any part thereof, to the Redeveloper, and until construction of the
Improvements has been completed., the Redeveloper shall make reports, in
such detail and at such times as may reasonably be requested by the Agency,
as to the actual progress of the Redeveloper with respect to such
construction.
SEC. 307. Certificate of Completion.
(a) Promptly after completion of the Improvements in accordance with
those provisions of the Agreement relating solely to the obligations of the
Redeveloper to construct the Improvements (including the dates for beginning
and completion thereof), the Agency will furnish the Redeveloper with an
appropriate instrument so certifying. Such certification by the Agency
shall be (and it shall be so provided in the Deed and in the certification
itself) a conclusive determination of satisfaction and termination of the
agreements and covenants in the Agreement and in the Deed with respect to
the obligations of the Redeveloper, and its successors and assigns, to
construct the Improvements and the dates for the beginning and completion
thereof: Provided, That if there is upon the Property a mortgage insured,
or held or owned, by the Federal Housing Administration and the Federal
Housing Administration shall have determined that all buildings constituting
a part of the Improvements and covered by such mortgage are, in fact,
substantially completed in accordance with the Construction Plans and are
ready for occupancy, then, in such event, the Agency and the Redeveloper
shall accept the determination of the Federal Housing Administration as
to such completion of the construction of the Improvements in accordance
with the Construction Plans, and, if the other agreements and covenants in
the Agreement obligating the Redeveloper in respect of the construction and
completion of the Improvements have been fully satisfied, the Agency shall
forthwith issue its certification provided for in this Section. Such
certification and such determination shall not constitute evidence of
compliance with or satisfaction of any obligation of the Redeveloper to any
holder of a mortgage, or any insurer of a mortgage, securing money loaned
to finance the Improvements, or any part thereof.
(b) With respect to such individual parts or parcels of the Property
which, if so provided in Part I hereof, the Redeveloper may convey or lease
as the Improvements to be constructed thereon are completed, the Agency
will also, upon proper completion of the Improvements relating to any such
part or parcel, certify to the Redeveloper that such Improvements have been
made in accordance_ with the provisions of the Agreement. Such certification
shall mean and provide, and the Deed shall so state, (1) that any party
purchasing or leasing such individual part or parcel pursuant to the
authorization herein contained shall not (because of such purchase or lease)
incur any obligation with respect to the construction of the Improvements
relating to such part or parcel or to any other part or parcel of the
Property; and (2) that neither the Agency nor any other party shall
thereafter have or be entitled to exercise with respect to any such
individual part or parcel so sold (or, in the case of lease, with respect to
the leasehold interest) any rights or remedies or controls that it may
VII -20
otherwise have or be entitled to exercise with respect to the Property as
a result of A default in or breach of any provisions of the Agreement or
the Deed by the Redeveloper or any successor in interest or assign,
(i) such default or breach be b the unless
in interest to or assignY Purchaser or lessee, or any successor
of such individual part or parcel with respect to
the covenants contained and referred to in Section 401 hereof, and (ii)
the right, remedy, or control relates to such default or breach.
(c) Each certification provided for in this Section 307 shall be in
such form as will enable it to be recorded in the proper office for the
recordation of deeds and other instruments pertaining to the Property,
including the Deed. If the Agency shall refuse or fail to provide any
certification in accordance with the provisions of this Section, the
Agency shall, within thirty (30) days after written request by the
Redeveloper, provide the Redeveloper with a written statement, indicating
in adequate detail in what respects the Redeveloper has failed to complete
the Improvements in accordance with the provisions of the Agreement, or is
otherwise in default, and what measures or acts it will be necessary, in
the opinion of the Agency, for the Redeveloper to take or perform in order
to obtain such certification.
ARTICLE IV. RESTRICTIONS UPON USE OF PROPERTY
SEC. 401. Restrictions on Use. The Redeveloper agrees for itself,
and its successors an id ssa ssa� ns, and every successor in interest to the
Property, or any part thereof, and the Deed shall contain covenants on the
part of the Redeveloper for itself, and such successors and assigns, that
the Redeveloper, and such successors and assigns, shall;
(a) Devote the Property to, and only to and in accordance with, the
uses specified in the Urban Renewal Plan; and
(b) Not discriminate upon the basis of race, color, creed, or
national origin in the sale, lease, or rental or in the use
or occupancy of the Property or any improvements erected or
to be erected thereon, or any part thereof.
SEC. 402. Covenants. Binding Upon Successors in Interest; Period of
Duration. It is intended and agreed, and the Deed shall so expressly
provide, that the agreements and covenants provided in Section 401 hereof
shall be covenants running with the land and that they shall, in any event,
and without regard to technical classification or designation, legal or
otherwise, and except only as otherwise specifically provided in the
Agreement, be binding, to the fullest extent permitted by law and equity,
for the benefit and in favor -)f, and enforceable by, the Agency, its
successors and assigns, the City and any successor in interest to the
Property, or any part thereof, and the owner of any other land (or of any
interest in such land) in the Project Area which is subject to the land
use requirements and restrictions of the Urban Renewal Plan, and the United
VII -21
States (in the case ofthecovenant provided in subdivision (b) of Section
401 hereof), against the Redeveloper, its successors and assigns and every
successor in interest to the Property, or any part thereof or any interest
therein, and any party in possession or occupancy of the Property or any
part thereof. It is further intended and agreed that the agreement and
covenant provided in subdivision (a) of Section 401 hereof shall remain in
effect for the period of time, or until the date, specified or referred to
in Section 6 of Part I hereof (at which time such agreement and covenant
shall terminate) and that the agreements and covenants provided in
subdivision (b) of Section 401 hereof shall remain in effect without
limitation as to time: Provided, That such agreements and covenants shall
be binding on the Redeveloper-itselfy each successor in interest to the
Property, and every part thereof, and each party in possession or
occupancy, respectively, only for such period as such successor or party
shall have title to, or an interest in, or possession or occupancy of, the
Property or part thereof. The terms "uses specified in the Urban Renewal
Plan" and "land use" referring to provisions of the Urban Renewal Plan. or
similar language, in the Agreement shall include the land and all building,
housing, and other requirements or restrictions of the Urban Renewal Plan
pertaining to such land.
SEC. 403. Agency and United States Rights To Enforce. In
amplification, and not in restriction of, the provisions of the preceding
Section, it is intended and agreed that the Agency and its successors and
assigns shall be deemed beneficiaries of the agreements and covenants
provided in Section 401 hereof, and the United States shall be deemed a
beneficiary of the covenant provided in subdivision (b) of Section 401
hereof, both for and in their or its own right and also for the purposes
of protecting the interests of the community and other parties, public or
private, in whose favor or for whose benefit such agreements and covenants
have been provided. Such agreements and covenants shall (and the Deed
shall so state) run in favor of the Agency and the United States, for
the entire period during which such agreements and covenants shall be in
force and effect, without regard to whether the Agency or the United States
has at any time been, remains, or is an owner of any land or interest
therein to or in favor of which such agreements and covenants relate. The
Agency shall have the right, in the event of any breach of any such agreement
or covenant, and the United States shall have the right in the event of any
breach of the covenant provided in subdivision (b) of Section 401 hereof, to
exercise all the rights and remedies, and to maintain any actions or suits
at law or in equity or other proper proceedings to enforce the curing of such
breach of agreement or covenant, to which it or any other beneficiaries of
such agreement or covenant may be entitled.
ARTICLE V. PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER
SEC. 501. Representations As to Redevelopment. The Redeveloper
represents and agrees that its purchase of the Property, and its other
undertakings pursuant to the Agreement, are, and will be used, for the
VII -22
•
purpose of -redevelopment of the Property and not for speculation in land
holding. The Redeveloper further recognizes that, in view of
(a) the importance of the redevelopment of the Property to the
general welfare of the community;
(b) the substantial financing and other public aids that have been
made available by law and by the Federal and local Governments
for the purposeofmaking such redevelopment possible; and
(c) the fact that a transfer of the stock in the Redeveloper or of
a substantial part thereof, or any other act or transaction
involving or resulting in a significant change in the ownership
or distribution of such stock or with respect to the identity
of the parties in control of the Redeveloper or the degree
thereof, is for practical purposes a transfer or disposition of
the Property then owned by the Redeveloper,
the qualifications and identity of the Redeveloper, and its stockholders,
are of particular concern to the community and the Agency. The Redeveloper
further recognizes that it is because of such qualifications and identity
that the Agency is entering into the Agreement with the Redeveloper, and,
in so doing, is further willing to accept and rely on the obligations of
the Redeveloper for the faithful performance of all undertakings and
covenants hereby by it to be performed without requiring in addition a
surety bond or similar undertaking for such performance of all undertakings
and covenants in the Agreement.
SEC. 502. Prohibition Against Transfer of Shares of Stock; Binding
Upon Stockholders Individually. For the foregoing reasons, the Redeveloper
represents and agrees for itself, its stockholders, and any successor in
interest of itself and its stockholders, respectively, that: Prior to
completion of the Improvements as certified by the Agency, and without the
prior written approval of the Agency, (a) there shall be no transfer by any
party owning 10 percent or more of the stock in the Redeveloper (which term
shell be deemed for the purposes of this and related provisions to include
successors in interest of such stock or any part thereof or interest
therein), (b) nor shall any such owner suffer any such transfer to be made,
(c) nor shall there be or be suffered to be by the Redeveloper, or by any
owner of 10 percent or more of the stock therein, any other similarly
significant change in the ownership of such stock or in the relative
distribution thereof, or with respect to the identity of the parties in
control of the Redeveloper or the degree thereof, by any other method or
means, whether by increased capitalization, merger with another corporation,
corporate or other amendments, issuance of additional or new stock or
classification of stock, or otherwise. With respect to this provision, the
Redeveloper and the parties signing the Agreement on behalf of the
Redeveloper represent that they have the authority of all of its existing
stockholders to agree to this provision on their behalf and to bind them
with respect thereto.
VII -23
•
503. Prohibition ainst Transfer of Property and Aasignmen
reement. Also, ror the foregoing reasons the Redeveloper represents
agrees for itself, and its successors and assigns, that;
(a) Except only
t of
(1) by way of security for, and only for, (i) the purpose of
obtaining financing necessary to enable the Redeveloper or
any successor in interest to the Property, or any part
thereof, to perform its obligations with respect to making
the Improvements under the Agreement, and (ii) any other
Purpose authorized by the Agreement, and
(2) as to any individual parts or parcels of the Property on
which the Improvements to be constructed thereon have been
completed, and which, by the terms of the Agreement, the
Redeveloper is authorized to convey or lease as such
Improvements are completed,
the Redeveloper (except as so authorized) has not made or created, and that
it will not, prior to the proper completion of the Improvements as
certified by the Agency, make or create, or suffer to be made or created,
any total or partial sale, assignment, conveyance, or lease, or any trust
or power, or transfer in any other mode or form of or with respect to the
Agreement or the Property, or any part thereof or any interest therein, or
any contract or agreement to do any of the same, without the prior written
approval of the Agency; Provided, That, prior to the issuance by the
Agency of the certificate provided for in Section 307 hereof as to
completion of construction of the Improvements, the Redeveloper may enter
into any agreement to sell, lease, or otherwise transfer, after the
issuance of such certificate, the Property or any part thereof or interest
therein, which agreement shall not provide for payment of or on account of
the purchase price or rent for the Property, or the part thereof or the
interest therein to be so transferred, prior to the issuance of such
certificate.
(b) The Agency shall be entitled to require, except as otherwise
provided in the Agreement, as conditions to any such approval that;
(1) Any proposed transferee shall have the qualifications and
financial responsibility, as determined by the Agency,
necessary and adequate to fulfill the obligations undertaken
in the Agreement by the Redeveloper (or, in the event the
transfer is of or relates to part of the Property, such
obligations to the extent that they relate to such part).
(2) Any proposed transferee, by instrument in writing
satisfactory to the Agency and in form recordable among
the land records, shall, for itself and its successors and
assigns, and expressly for the benefit of the Agency, have
expressly assu,.ied all of the obligations of the Redeveloper
VII -24
under theAgreementand agreed to be subject to all the
conditions and restrictions to which the Redeveloper is
subject (or, in the event the transfer is of or relates to
part of the Property, such obligations, conditions, and
restrictions to the extent that they relate to such part):
Provided, That the fact that any transferee of, or any
other successor in interest whatsoever to, the Property,
or any part thereof, shall, whatever the reason, not have
assumed such obligations or so agreed, shall not (unless
and only to the extent otherwise specifically provided in
the Agreement or agreed to in writing by the Agency)
relieve or except such transferee or successor of or from
such obligations, conditions, or restrictions, or deprive
or limit the Agency of or with respect to any rights or
remedies or controls with respect to the Property or the
construction of the Improvements; it being the intent of
this, together with other provisions of the Agreement,
that (to the fullest extent permitted by law and equity
and excepting only in the manner and to the extent
specifically provided otherwise in the Agreement) no
transfer of, or change with respect to, ownership in the
Property or any part thereof, or any interest therein,
however consummated or occurring, and whether voluntary or
involuntary, shall operate, legally or practically, to
deprive or limit the Agency of or with respect to any
rights or remedies or controls provided in or resulting
from the Agreement with respect to the Property and the
construction of the Improvements that the Agency would have
had, had there been no such transfer or change.
(3) There shall be submitted to the Agency for review all
instruments and other legal documents involved in effecting
transfer; and if approved by the Agency, its approval shall
be indicated to the Redeveloper in writing.
(4) The consideration payable for the transfer by the transferee
or on its behalf shall not exceed an amount representing the
actual cost (including carrying charges) to the Redeveloper
of the Property (or allocable to the part thereof or interest
therein transferred) and the Improvements, if any,
theretofore made thereon by it; it being the intent of this
provision to preclude assignment of the Agreement or transfer
of the Property (or any parts thereof other than those
referred to in subdivision (2), Paragraph (a) of this Section
503)for profit prior to the completion of the Improvements
and to provide that in the event any such assignment or
transfer is made (and is not canceled), the Agency shall be
entitled to increase the Purchase Price to the Redeveloper by
the amount that the consideration payable for the assignment
or transfer is in excess of the amount that may be authorized
pursuant to this subdivision (4), and such consideration
shall, to the extent it is in excess of the amount so
authorized, belong to and forthwith be paid to the Agency.
VIi-25
(5) The Redeveloper and its transferee, shall comply with such
other conditions as 'the Agency may find desirable in order
to achieve and safeguard the purposes of the Urban Renewal
Act and the Urban 'Renewal Plan.
Provided, That in the absence of specific written agreement by the Agency
to the contrary, no such transfer or approval by the Agency thereof shall
be deemed to relieve the Redeveloper, or any other party bound in any way
by the Agreement or otherwise with respect to the construction of the
Improvements, from any of its obligations with respect thereto.
SEC. 504. Information As to Stockholders. In order to assist in the
effectuation of the purposes of this Article V and the statuto
generally, the Redeveloper agrees that duringthe en ex
objectives
of the Agreement and completion of the Improementseasocertified byethejon
Agency, (a) the Redeveloper will promptly notify the Agency of any and all
changes whatsoever in the ownership of stock, legal or beneficial, or of
any other act or transaction involving or resulting in any change in the
ownership of such stock or in the relative distribution thereof, or with
respect to the identity of the parties in control of the Redeveloper or
the degree thereof, of which it or any of its officers have been notified
or otherwise have knowledge or information; and (b) the Redeveloper shall,
at such time or times as the Agency may request, furnish the Agency with a
complete statement, subscribed and sworn to by the President or other
executive officer of the Redeveloper, setting forth all of the stockholders
of the Redeveloper and the extent of their respective holdings, and in the
event any other parties have a beneficial interest in such stock their
names and the extent of such interest, all as determined or indicated by
the records of the Redeveloper, by specific inquiry made by any such
officer, of all parties who on the basis of such records own 10 percent or
more of the stock in the Redeveloper, and by such other knowledge or
information as such officer shall have. Such lists, data, and information
shall in any event be furnished the Agency immediately prior to the
delivery of the Deed to the Redeveloper and as a condition precedent thereto,
and annually thereafter on the anniversary of the date of the Deed until the
issuance of a certificate of completion for all the Property.
ARTICLE VI. MORTGAGE FINANCING; RIGHTS OF MORTGAGEES
SEC. 601. Limitation Upon Encumbrance of Property. Prior to the
completion of the Improvements, as certified by the Agency, neither the
Redeveloper nor any successor in interest to the Property or any part thereof
shall engage in any financing or any other transaction creating any mortgage
or other encumbrance or lien upon the Property, whether by express agreement
or operation of law, or suffer any encumbrance or lien to be made on or
attach to the Property, except for the purposes of obtaining (a) funds only
to the extent necessary for making the Improvements and (b) such additional
funds, if any, in an amount not to exceed the Purchase Price paid by the
Redeveloper to the Agency. The Redeveloper (or successor in interest) shall
notify the Agency in advance of any financing, secured by mortgage or other
VII -26
0
similar lien instrument, it proposes to enter into with respect to the
Property, or any part thereof, and in any event it shall promptly notify
the Agency of any encumbrance or lien that has been created on or attached
to the Property, whether by voluntary act of the Redeveloper or otherwise.
For the purposes of such mortgage financing as may be made pursuant to the
Agreement, the Property may, at the option of the Redeveloper (or successor
in interest), be divided into several parts or parcels, provided that such
subdivision, in the opinion of the Agency, is not inconsistent with the
purposes of the Urban Renewal Plan and the Agreement and is approved in
writing by the Agency.
SEC. 602. Mortgagee Not Obligated To Construct. Notwithstanding any
of the provisions of the Agreement, including but not limited to those
which are or are intended to be covenants running with the land, the holder
of any mortgage authorized by the Agreement (including any such holder who
obtains title to the Property or any part thereof as a result of
foreclosure proceedings, or action in lieu thereof, but not including (a)
any other party who thereafter obtains title to the Property or such part
from or through such holder or (b) any other purchaser at foreclosure sale
other than the holder of the mortgage itself) shall in no wise be obligated
by the provisions of the Agreement to construct or complete the Improvements
or to guarantee such construction or completion; nor shall any covenant or
any other provision in the Deed be construed to so obligate such holder:
Provided, That nothing in this Section or any other Section or provision of
the Agreement shall be deemed or construed to permit or authorize any such
holder to devote the Property or any part thereof to any uses, or to
construct any improvements thereon, other than those uses or improvements
provided or permitted in the Urban Renewal Plan and in the Agreement.
SEC. 603. Copy of Notice of Default to Mortgagee. Whenever the Agency
shall deliver any notice or demand to the Redeveloper with respect to any
breach or default by the Redeveloper in its obligations or covenants under
the Agreement, the Agency shall at the same time forward a copy of such
notice or demand to each holder of any mortgage authorized by the Agreement
at the last address of such holder shown in the records of the Agency.
SEC. 604. Mortgagee's Option To Cure Defaults. After any breach or
default referred to in S,:ction b03 hereof, each such holder shall (insofar
as the rights of the Agency are concerned) have the right, at its option,
to cure or remedy such breach or default (or such breach or default to the
extent that it relates to the part of the Property covered by its mortgage)
and to add the cost thereof to the mortgage debt and the lien of its
mortgage: Provided, That if the breach or default is with respect to
construction of the Improvements, nothing contained in this Section or any
other Section of the Agreement shall be deemed to permit or authorize such
holder, either before or after foreclosure or action in lieu thereof, to
undertake or continue the construction or completion of the Improvements
(beyond the extent necessary to conserve or protect Improvements or
construction already made) without first having expressly assumed the
obligation to the Agency, by written agreement satisfactory to the Agency,
to complete, in the manner provided in the Agreement, the Improvements on
VII -27
the Property or the 'part thereof to which the lien or title of such holder
relates. Any such holder who shall properly complete the Improvements
relating to the Property or applicable part thereof shall be entitled, upon
written request made to the Agency, to a certification or certifications by
the Agency to such effect in the manner provided in Section 307 of the
Agreement, and any such certification shall, if so requested by such holder,
mean and provide that any remedies or rights with respect to recapture of or
reversion or revesting of title to the Property that the Agency shall have
or be entitled to because of failure of the Redeveloper or any successor in
interest to the Property, or any part thereof, to cure or remedy any default
with respect to the construction of the Improvements on other parts or
parcels of the Property, or because of any other default in or breach of the
Agreement by the,Redeveloper or such successor, shall not apply to the part
or parcel of the Property to which such certification relates.
SEC. 605. Agency's Option To Pay Mort ga a Debt or Purchase Pro erLy.
In any case, where, subsequent to default or breach by the Redeveloper or
successor in interest) under the Agreement, the holder of any mortgage on
the Property or part thereof
(a) has, but does not exercise, the option to construct or complete
the Improvements relating to the Property or part thereof covered
by its mortgage or to which it has obtained title, and such
failure continues for a period of sixty (60) days after the
holder has been notified or informed of the default or breach; or
(b) undertakes construction or completion of the Improvements but
does not complete such construction within the period as agreed
upon by the Agency and such holder (which period shall in any
event be at least as long as the period prescribed for such
construction or completion in the Agreement), and such default
shall not have been cured within sixty (60) days after written
demand by the Agency so to do,
the Agency shall (and every mortgage instrument made prior to completion of
the Improvements with respect to the Property by the Redeveloper or
successor in interest shall so provide) have the option of paying to the
holder the amount of the mortgage debt and securing an assignment of the
mortgage and the debt secured thereby, or, in the event ownership of the
Property (or part thereof) has vested in such holder by way of foreclosure
or action in lieu thereof, the Agency shall be entitled, at its option, to
a conveyance to it of the Property or part thereof (as the case may be)
upon payment to such holder of an amount equal to the sum of: (i) the
mortgage debt at the time of foreclosure or action in lieu thereof (less
all appropriate credits, including those resulting from collection and
application of rentals and other income received during foreclosure
proceedings); (ii) all expenses with respect to the foreclosure; (iii) the
net expense, if any (exclusive of general overhead), incurred by such
holder in and as a direct result of the subsequent management of the
Property; (iv) the costs of any Improvements made by such holder; and
(v) an amount equivalent to the interest that would have accrued on the
VII -28
aggregate of such amounts had all such amounts become part of the mortgage
debt and such debt had continued in existence.
SEC. 606. Agency's Option To Cure Mortgage Default. In the event of a
default or breach prior to the completion of the Improvements by the
Redeveloper, or any successor in interest, in or of any of its obligations
under, and to the holder of, any mortgage or other instrument creating an
encumbrance or lien upon the Property or part thereof, the Agency may at
its option cure such default or breach, in which case the Agency shall be
entitled, in addition to and without limitation upon any other rights or
remedies to which it shall be entitled by the Agreement, operation of law,
or otherwise, to reimbursement from the Redeveloper or successor in interest
of all costs and expenses incurred by the Agency in curing such default or
breach and to a lien upon the Property (or the part thereof to which the
mortgage, encumbrance, or lien relates) for such reimbursement: Provided,
That any such lien shall be subject always to the lien of (including any
lien contemplated, because of advances yet to be made, by) any then existing
mortgages on the Property authorized by the Agreement.
SEC. 607. Mortgage and Holder. For the purposes of the Agreement:
The term "mortgage shall include a deed of trust or other instrument
creating an encumbrance or lien upon the Property, or any part thereof, as
security for a loan. The term "holder" in reference to a mortgage shall
include any insurer or guarantor of any obligation or condition secured by
such mortgage or deed of trust, including, but not limited to, the Federal
Housing Commissioner, the Administrator of Veterans Affairs, and any
successor in office of either such official.
ARTICLE VII. REMEDIES
SEC. 701. In General. Except as otherwise provided in the Agreement,
in the event of any default in or breach of the Agreement, or any of its
terms or conditions, by either party hereto, or any successor to such party,
such party (or successor) shall, upon written notice from the other,
proceed immediately to cure or remedy such default or breach, and, in any
event, within sixty (60) days after receipt of such notice. In case such
action is not taken or not diligently pursued, or the default or breach
shall not be cured or remedied within a reasonable time, the aggrieved party
may institute such proceedings as may be necessary or desirable in its
opinion to cure and remedy such default or breach, including, but not
limited to, proceedings to compel specific performance by the party in
default or breach of its obligations.
SEC. 702. Termination by Redeveloper Prior to Conveyance. In the
event that
(a) the Agency does not tender conveyance of the Property, or
possession thereof, in the manner and condition, and by the
date, provided in the Agreement, and any such failure shall not
VII -29
be cured within thirty (30) days after the date of written
demand by the Redeveloper; or
(b) the Redeveloper shall, after preparation of Construction Plans
satisfactory to the Agency, furnish evidence satisfactory to
the Agency that it has been unable, after and despite diligent
effort for a period of sixty (60) days after approval by the
Agency of the Construction Plans, to obtain mortgage financing
for the construction of the Improvements on a basis and on
terms that would generally be considered satisfactory by
builders or contractors for improvements of the nature and type
provided in such Construction Plans, and the Redeveloper shall,
after having submitted such evidence and if so requested by the
Agency, continue to make diligent efforts to obtain such
financing for a period of sixty (60) days after such request,
but without success,
then the A6reement shall, at the option of the Redeveloper, be terminated
by written notice thereof to the Agency, and, except with respect to the
return of the Deposit as provided in Paragraph (e), Section 3 of Part I
hereof, neither the Agency nor the Redeveloper shall have any further
rights against or liability to the other under the Agreement.
that SEC. 703. Termination by Agency Prior to Conveyance. In the event
(a) prior to conveyance of the Property to the Redeveloper and in
violation of the Agreement
(i) the Redeveloper (or any successor in interest) assigns or
attempts to assign the Agreement or any rights therein,
or in the Property, or
(ii) there is any change in the ownership or distribution of
the stock of the Redeveloper or with respect to the identity
of the parties in control of the Redeveloper or the degree
thereof; or
(b) the Redeveloper does not submit Construction Plans, as required
by the Agreement, or (except as excused under subdivision (b) of
Section 702 hereof) evidence that it has the necessary equity
capital and mortgage financing, in satisfactory form and in the
manner and by the dates respectively provided in the Agreement
therefor; or
(c) the Redeveloper does not pay the Purchase Price and take title to
the Property upon tender of conveyance by the Agency pursuant to
the Agreement, and if any default or failure referred to in
subdivisions (b) and (c) of this Section 703 shall not be cured
within thirty (30) days after the date of written demand by the
Agency, -
VII -30
•
then the Agreement, and any rights of the Redeveloper, or any assignee or
transferee, in the Agreement, or arising therefrom with respect to the
Agency or the Property, shall, at the option of the Agency, be terminated
by the Agency, in which event, as provided in Paragraph (d), Section 3 of
Part I hereof, the Deposit shall be retained by the Agency as liquidated
damages and as its property without any deduction, offset, or recoupment
whatsoever, and neither the Redeveloper (or assignee or transferee) nor the
Agency shall have any further rights against or liability to the other
under the Agreement.
SEC. 704. Revesting Title in Agency Upon Happening of Event Subsequent
to Conveyance to Redeveloper. In the event that subsequent to conveyance
of the Property or any part thereof to the Redeveloper and prior to
completion of the Improvements as certified by the Agency
(a) the Redeveloper (or successor in interest) shall default in or
violate its obligations with respect to the construction of the
Improvements (including the nature and the dates for the beginning
and completion thereof), or shall abandon or substantially suspend
construction work, and any such default, violation, abandonment,
or suspension shall not be cured, ended, or remedied within three
(3) months (six (6) months, if the default is with respect to the
date for completion of the Improvements) after written demand by
the Agency so to do; or
(b) the Redeveloper (or successor in interest) shall fail to pay real
estate taxes or assessments on the Property or any part thereof
when due, or shall place thereon any encumbrance or lien
unauthorized by the Agreement, or shall suffer any levy or
attachment to be made, or any materialmen's or mechanics' lien,
or any other unauthorized encumbrance or lien to attach, and such
taxes or assessments shall not have been paid, or the encumbrance
or lien removed or discharged or provision satisfactory to the
Agency made for such payment, removal, or discharge, within
ninety (90) days after written demand by the Agency so to do; or
(c) there is, in violation of the Agreement, any transfer of the
Property or any part thereof, or any change in the ownership or
distribution of the stock of the Redeveloper, or with respect to
the identity of the parties in control of the Redeveloper or the
degree thereof, and such violation shall not be cured within
sixty (60) days after written demand by the Agency to the
Redeveloper,
then the Agency shall have the right to re-enter and take possession of the
Property and to terminate (and revest in the Agency) the estate conveyed by
the Deed to the Redeveloper, it being the intent of this provision, together
with other provisions of the Agreement, that the conveyance of the Property
to the Redeveloper shall be made upon, and that the Deed shall contain, a
condition subsequent to the effect that in the event of any default, failure,
violation, or other action or inaction by the Redeveloper specified in
subdivisions (a), (b), and (c) of this Section 704, failure on the part of
VII -31
•
the Redeveloper to remedy, end, or abrogate such default, failure, violation,
or other action or inaction, within the period and in the manner stated in
such subdivisions, the Agency at its option may declare a termination in
favor of the Agency of the title, and of all the rights and interests in and
to the Property conveyed by the Deed to the Redeveloper, and that such title
and all rights and interests of the Redeveloper, and any assigns or
successors in interest to and in the Property, shall revert to the Agency:
Provided, That such condition subsequent and any revesting of title as a
result thereof in the Agency
(1) shall always be subject to and limited by, and shall not defeat,
render invalid, or limit in any way, (i) the lien of any mortgage
authorized by the Agreement, and (ii) any rights or interests
provided in the Agreement for the protection of the holders of
such mortgages; and
(2) shall not apply to individual parts or parcels of the Property
(or, in the case of parts or parcels leased, the leasehold
interest) on which the Improvements to be constructed thereon
have been completed in accordance with the Agreement and for
which a certificate of completion is issued therefor as provided
in Section 307 hereof.
In addition to, and without in any way limiting the Agency's right to reen-
try as provided for in the preceding sentence, the Agency shall have the
right to retain the Deposit, as provided in Paragraph (d), Section 3 of
Part I hereof, without any deduction, offset or recoupment whatsoever, in
the event of a default, violation or failure of the Redeveloper as speci-
fied in the preceding sentence.
SEC. 705. Resale of Reacquired Property; Disposition of Proceeds.
Upon the revesting in the Agency of title to the Property or any part thereof
as provided in Section 704, the Agency shall, pursuant to its responsibilities
under State law, use its best efforts to resell the Property or part thereof
(subject to such mortgage liens and leasehold interests as in Section 704 set
forth and provided) as soon and in such manner as the Agency shall find
feasible and consistent with the objectives of such law and of the Urban
Renewal Plan to a qualified and responsible party or parti.:s (as determined
by the Agency) who will assume the obligation of making or completing the
Improvements or such other improvements in their stead as shall be
satisfactory to the Agency and in accordance with the uses specified for
such Property or part thereof in the Urban R newal Plan. Upon such resale
of the Property, the proceeds thereof shall be applied:
(a) First, to reimburse the Agency, on its own behalf or on behalf
of the City, for all costs and expenses incurred by the Agency,
including but not limited to salaries of personnel, in connection
with the recapture, management, and resale of the Property or
part thereof (but less any income derived by the Agency from the
Property or part thereof in connection with such management); all
taxes, assessments, and water and sewer charges with respect to
the Property or part thereof (or, in the event the Property is
exempt from taxation or assessment or such charges during the
VII -32
i
period of ownership thereof by the Agency, an amount, if paid,
equal to such taxes, assessments, or charges (as determined by
the City assessing official) as would have been payable if the
Property were not so exempt); any payments made or necessary to
be made to discharge any encumbrances or liens existing on the
Property or part thereof at the time of revesting of title
thereto in the Agency or to discharge or prevent from attaching
or being made any subsequent encumbrances or liens due to
obligations, defaults, or acts of the Redeveloper, its
successors or transferees; any expenditures made or obligations
incurred with respect to the making or completion of the
Improvements or any part thereof on the Property or part
thereof; and any amounts otherwise owing the Agency by the
Redeveloper and its successor or transferee; and
(b) Second, to reimburse the Redeveloper, its successor or
transferee, up to the amount equal to (1) the sum of the
purchase price paid by it for the Property (or allocable to the
part thereof) and the cash actually invested by it in making any
of the Improvements on the Property or part thereof, less
(2) any gains or income withdrawn or made by it from the
Agreement or the Property.
Any balance remaining after such reimbursements shall be retained by the
Agency as its property.
SEC. 706. Other Rights and Remedies of Agency; No Waiver by Delay.
The Agency shall have the right to institute such actions or proceedings as
it may deem desirable for effectuating the purposes of this Article VII,
including also the right to execute and record or file among the public
land records in the office in which the Deed is recorded a written
declaration of the termination of all the right, title, and interest of the
Redeveloper, and (except for such individual parts or parcels upon which
construction of that part of the Improvements required to be constructed
thereon has been completed, in accordance with the Agreement, and for which
a certificate of completion as provided in Section 307 hereof is to be
delivered, and subject to such mortgage liens and leasehold interests as
provided in Section 704 hereof) its successors in interest and assigns, in
the Property, and the revesting of title thereto in the Agency: Provided,
That any delay by the Agency in instituting or prosecuting any such actions
or proceedings or otherwise asserting its rights under this Article VII
shall not operate as a waiver of such rights or to deprive it of or limit
such rights in any way (it being the intent of this provision that the
Agency should not be constrained (so as to avoid the risk of being deprived
of or limited in the exercise of the remedy provided in this Section
because of concepts of waiver, laches, or otherwise) to exercise such
remedy at a time when it may still hope otherwise to resolve the problems
created by the default involved); nor shall any waiver in fact made by the
Agency with respect to any specific default by the Redeveloper under this
Section be considered or treated as a waiver of the rights of the Agency
VII -33
with respect to any other defaults by the Redeveloper under this Section or
with respect to the particular default except to the extent specifically
waived in writing.
SEC. 707. Enforced Delay in Performance for Causes Beyond Control of
Party. For the purposes of any of the provisions of the Agreement, neither
the Agency nor the Redeveloper, as the case may be, nor any successor in
interest, shall be considered in breach of, or default in, its obligations
with respect to the preparation of the Property for redevelopment, or the
beginning and completion of construction of the Improvements, or progress in
respect thereto, in the event of enforced delay in the performance of such
obligations due to unforeseeable causes beyond its control and without its
fault or negligence, including, but not restricted to, acts of God, acts of
the public enemy, acts of the Federal Government, acts of the other party,
fires, floods, epidemics, quarantine restrictions, strikes, freight,
embargoes, and unusually severe weather or delays of subcontractors due to
such causes; it being the purpose and intent of this provision that in the
event of the occurrence of any such enforced delay, the time or times for
performance of the obligations of the Agency with respect to the preparation
of the Property for redevelopment or of the Redeveloper with respect to
construction of the Improvements, as the case may be, shall be extended for
the period of the enforced delay as determined by the Agency: Provided,
That the party seeking the benefit of the provisions of this Section shall,
within ten (10) days after the beginning of any such enforced delay, have
first notified the other party thereof in writing, and of the cause or
causes thereof, and requested an extension for the period of the enforced delay.
SEC708. Rights and Remedies Cumulative. The rights and remedies of
the parties to the Agreement, whether provided by law or by the Agreement
shall be cumulative, and the exercise by either party of any one or more of
such remedies shall not preclude the exercise by it, at the same or
different times, of' any other such remedies for the same default or breach
or of any of its remedies for any other default or breach by the other party.
No waiver made by either such party with respect to the performance, or
manner or time thereof, or any obligation of the other party or any
condition to its own obligation under the Agreement shall be considered a
waiver of any rights of the party making the waiver with respect to the
particular obligation of the other party or condition to its own obligation
beyond those expressly waived in writing and to the extent thereof, or a
waiver in any respect in regard to any other rights of the party making the
waiver or any other obligations of the other party.
SEC. 709. Party in Position of Surety With Respect to Obligations.
The Redeveloper, for itself and its successors and assigns, and for all
other persons who are or who shall become, whether by express or implied
assumption or otherwise, liable upon or subJect to any obligation or burden
under the Agreement, hereby waives, to the fullest extent permitted by law
and equity, any and all claims or defenses otherwise available on the ground
of its (or their) being or having become a person in the position of a
surety, whether real, personal, or otherwise or whether by agreement or
operation of law, including, without limitation on the generality of the
foregoing, any and all claims and defenses based upon extension of time,
indulgence, or modification of terms of contract.
VII -34
•
ARTICLE VIII. MISCELLANEOUS
SEC. 801. Conflict of Interests; Agency Representatives Not
Individually Liable. No member, official, or employee of the Agency shall
have any personal interest, direct or indirect, in the Agreement, nor shall
any such member, official, or employee participate in any decision relating
to the Agreement which affects his personal interests or the interests of
any corporation, partnership, or association in which he is, directly or
indirectly, interested. No member, official, or employee of the Agency shall
be personally liable to the Redeveloper, or any successor in interest, in
the event of any default or breach by the Agency or for any amount which may
become due to the Redeveloper or successor or on any obligations under the
terms of the Agreement.
SEC. 802. Equal Employment Opportunity. The Redeveloper, for itself
and its successors and assigns, agrees that during the construction of the
Improvements provided for in the Agreement:
(a) The Redeveloper willnotdiscriminate against any employee or
applicant for employment because of race, color, religion, sex, or nation-
al origin. The Redeveloper will take affirmative action to insure that
applicants are employed, and that employees are tre&ted during employment,
without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to, the following: employ-
ment, upgrading, demotion, or transfer; recruitment or recruitment adver-
tising; layoff or termination; rates of pay or other forms of compensation;
and selection for training, including apprenticeship. The Redeveloper
agrees to post in conspicuous places, available to employees and applicants
for employment, notices to be provided by the Agency setting forth the pro-
visions of this nondiscrimination clause.
(b) The Redeveloper will, in all solicitations or advertisements
for employees placed by or on behalf of the Redeveloper, state that all
qualified applicants will receive consideration for employment without re-
gard to race, color, religion, sex, or national origin.
(c) The Redeveloper will send to each labor union or representative of
workers with which the Redeveloper has a collective bargaining agreement or
other contract or understanding, a notice, to be provided, advising the
labor union or workers' representative of the Redeveloper's commitments under
Section 202 of Executive Order 11246 of September 24, 1965, and shall post
copies of the notice in conspicuous places available to employees and
applicants for employment.
(d) The Redeveloper will comply with all provisions of Executive Order
11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
VII -35
(e) The Redeveloper will furnish all information and reports required
by Executive Order 11246 of September 24, 1965) and by the rules,
regulations, and orders of the Secretary of Labor or the Secretary of
Housing and Urban Development pursuant thereto, and will permit access to
the Redeveloper's books, records, and accounts by the Agency, the Secretary
of Housing and Urban Development, and the Secretary of Labor for purposes
of investigation to ascertain compliance with such rules, regulations, and
orders.
(f) In the event of the Redeveloper's noncompliance with the
nondiscrimination clauses of this Section, or with any of the said rules,
regulations, or orders, the Agreement may be canceled, terminated, or
suspended in whole or in part and the Redeveloper may be declared ineligible
for further Government contracts or federally assisted construction
contracts in accordance with procedures authorized in Executive Order 11246
of September 24, 1965, and such other sanctions may be imposed and remedies
invoked as provided in Executive Order 11246 of September 24, 1965, or by
rule, regulation, or order of the Secretary of Labor, or as otherwise
provided by law.
(g) The Redeveloper x111 include the provisions of Paragraphs
(a) through (g) of this Section in every contract or purchase order, and
will require the inclusion of these provisions in every subcontract entered
into by any of its contractors, unless exempted by rules, regulations, or
orders of the Secretary of Labor issued pursuant to Section 204 of
Executive Order 11246 of September 24, 1965, so that such provisions will
be binding upon each such contractor, subcontractor, or vendor, as the case
may be. Tr:: Redeveloper will take such action with respect to any
construction contract, subcontract, or purchase order as the Agency or the
Department of Housing and Urban Development may direct as a means of
enforcing such provisions, including sanctions for noncompliance: Provided,
however, That in the event the Redeveloper becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of
such direction by the Agency or the Department of Housing and Urban
Development, the Redeveloper may request the United States to enter into
such litigation to protect the interests of the United States. For the
purpose of including such provisions in any construction contract,
subcontract, or purchase order, as required hereby, the first three lines
of this Section shall be changed to read"During the performance of this
Contract, the Contractor agrees as follows:", and the term "Redeveloper"
shall be changed to "Contractor".
SEC. 803. Provisions Not Merged With Deed. None of the provisions of
the Agreement are intended to or shall be merged by reason of any deed
transferring title to the Property from the Agency to the Redeveloper or
any successor in interest, and any such deed shall not be deemed to affect
or impair the provisions and covenants of the Agreement.
SEC. 804. Titles of Articles and Sections. Any titles of the
several parts, Articles, and Sections of the Agreement are inserted for
convenience of reference only and shall be disregarded in construing or
interpreting any of its provisions.
VII -36
COUNCIL DISCUSSION
MARCH a2, 1974
_ 4,00 PM,
Che Iowa City City Counc.:i_l:met-in informal sc'U•:;.•1
12th day of March 1974 at 4:00 P.M. in the Conicrc•;,,:
the Davis Building.
:Members present: Czarnecki, DavidSen, Brand L,: l)1: I
Absent: deProdse. Staff 'present: Hayek PJe1J n,
Vollertson, Taylor, Stolfus, Neppl.-
Mayor Czarnecki announced that There were thr.ce ;i-
agenda: 1) complaint, grievance and appeal_ pro(::(*in)-e
2) the Streb rezoning, & 3) the presentation of •-, wo:'
control program.
Concerning item 01, the Council-discussed c: ,cr"� •:
on .rent charges as a provision of HUD Model griev; n(
Policy regarding eviction and -right to rCclues L- ht•r:
said we were lacking and ':Alis is our answer; mot-c 0
selection of Hearing,; Panel from rotating list cel_ it I, 'I.
malting it clear that the (rievance is not al %-'ay:: t c
written form as in 3a; `tl:e Board 'of-
Hous ing
f(lousing Commission, the ,. H-A. ` is Yjea: ed: Hol.1521-19 ,.`.II
,-ihicii is the Council; a l'o5 A))Jl:i.ty for c 7 L ") '': ;'I,I J
for:;val hearing; hearing -ianol r,ould yr.i.ri•,,:,i 1(
appeal to Court; trial t- novo-1(1.-' '11S 'i.o ..;..a C is :,l'c
pi_.gC 25C, whether to c3e.1 ae _The [:Orli:: I :iQCI_ (3 c,i
C
-os; 'tion: O"L �'C; 'l it '6c, .. .
leave as it i� • cl it:>_>: i<_G. ;: • .
a _'c to be fiload with City C1c _I..; c'1f-Lj .,.f_i.._ ,s-_t0 ,
burden of proof- is on the o:, :1"
It %% as the general ---Con,--ea __]^ of Chc, :CC,u.jlri!
c la xify several "points- di-(:C.!]`>..-_rl, t- L;_1i
putting the Council in as 7n
Mayor Czaj_necki than
ll:cct of the d_`ci. .Loll f. n iW) 3i j i•. ;..
_ Bypxoducts property, :. Att:-n(, :H.-,
1]:.d been zoned 1:12_ under t-:e t.o:.,ni: zvli t)cr l c: -I i
(� noIuntary) in 1.965, an • i:-,.]o.; UA . [ r.
l•."CISIon on this rr-_'zo:n- ,w L•)'out` ). ,_: rood
.(fain recommended. the Cou :ci7 -tav:� a
_ of E,11 property ;a.nncixccd since
Lyle Fis)ier, Director of the Join:lo.n;r
introduced Willy Cl.•.x of t.-_e Cltlr)k S'[). ,1 '-1.21Ci
a f-: lm on itosduito Contro'E. t�ii Co 1";z )•r,:'s
4d Iowa City by:hel.icopte _car had-
c^-;. JlL`, ) • ,
sites and noted- 1600: tate` r basins whic"11 ,.,c•u.:ld L _: