Loading...
HomeMy WebLinkAbout1988-07-26 Regular MeetingR 0 L L C A L L i is Regular MEETING OF July 26, 1988 7:30 P.M. PRESENT L/ ABSENT COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES July 26, 1988 Iowa City Council, reg. mtg., 7/26/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald. Absent: Dickson, Strait. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmadeke, Fosse, Beagle. Council minutes tape recorded on Tape 88-39, Side 2, 320-1; 88-45, Sides 1 & 2, 1 -End. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 7/12/88, as published, subject to correction, as recommended by the City Clerk. i0 75* /O 76 Minutes of Boards and Commissions: Housing Comm. - 6/14/88,/o 7/12/88; Historic Preservation Comm. - 6/8/88; Bd. of Adjustment-/" 7 6/8 & 6/9/88; Police and Fire Retirement Systems Board joint meeting m 79 - 5/31/88; P&Z Comm. - 7/7/88; Resources Conservation Comm. - 5/9/88• /oy0 Sr. Center Comm. - 5/16/88; Broadband Telecomm. Comm. - 6/22/88;/a 8/ Airport Comm. - 5/18, 5/24, 5/25, 5/26, 6/2/88. logz �o Permit Motions and Resolutions: Approving a Class C Liquor License for Cheers, Inc, dba Cheers & Misque, 211 Iowa Avenue AM, Approving a Class C Liquor License for James J. Tucker dba Tuck's /d ei Place, 210 N. Linn Street. Approving a Class C Liquor License for Field House, Inc, dba The Field House, 111 E. College Street 10174 Approving a Class C Liquor License for KJ Enterprises Co. dba Gas Co to 9 7 i Inn, 2300 Muscatine Avenue. Approving a Class C Liquor License for/09'r 6:20 Inc, dba 6:20, 620 South Madison Street. Approving a Class B Beer Permit for Lotito's Pizza Ltd. dba Lotito's Pizza Ltd., 321 S. 89 Gilbert Street. Approving a Class C Beer Permit for Voss Petroleum/09'0 Company of Iowa City dba Dan's Mustang Market, 933 South Clinton. RES. 88-161, Bk. 98, p. 161, ISSUING DANCING PERMITS. /0 9/ Setting Public Hearings: RES. 88-162, Bk. 98, p. 162, RESOLU- TION OF INTENT TO DISPOSE OF A PORTION OF VACATED STREET RIGHT-OF-WAY/119,z ADJACENT TO HORACE MANN SCHOOL BY SELLING SAME TO WILLIAM AND DORIS PREUCIL FOR USE IN CONJUNCTION WITH THE PREUCIL SCHOOL OF MUSIC AND SETTING A PUBLIC HEARING THEREON for 8/9/88. Correspondence: Letters expressing opposition to the proposed /099 zoning change to allow duplexes at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road: Don McChristy, Melvin and Sarah Hoffman, Richard and Charlotte Robbins, Paul and Jill VanDorpe, Denna Milbrandt, Mr. and Mrs. W.D. Cramer, Rose LaGrange, Robert and Karla Peiffer, Howard Gosnell. Diana Thrift and Witold Krajewski express- 10'W ing opposition to the proposed location of the firearms range. Memo from the Traffic Engr.: stop sign on Davenport at Van Buren; stopl0 95 sign installation on Court Street at Scott Boulevard; stop sign �y 96 installation on Lower West Branch Road at Scott Boulevard; stop sign / 9 7 installation on Washington Street at Scott Boulevard. /a 9� Council Activities July 26, 1988 Page 2 Applications for City Plaza Use Permits: Latin American Human 099 Rights Advocacy Center for permission to have a table on City Plaza from which to distribute literature and offer crafts for donations, approved. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Ambrisco, seconded by Courtney, to set a public hearing for 8/9/88, on an ordinance to redesignate that portion of Maiden Lane between //0 D the south right-of-way line of Court Street and the north right-of-way line of Harrison Street an alley. The Mayor declared the motion carried unanimously, 5/0, Dickson, Strait absent. A public hearing was held on an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2 (Gay's Locker).//D / No one appeared. Moved by Ambrisco, seconded by Courtney, that the ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC- /D (Gay's Locker), be given first vote for passage. Ambrisco noted that not enough Councilmembers were present for waiving of readings and hoped that the matter could be expedited at the 8/9/88 meeting. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as 03 a permitted use (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Courtney, that an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use (Gay's Locker), be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate a portion of Maiden lane be given first vote for passage. Larson questioned O.Sthe status of the vacation if Mr. Chait did not purchase the other parcel. The City Attorney stated that the vacation was one step in the process and that Mr. Chait had no right to the alley until a deed was issued. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that an ordinance to rezone properties at 1807, 1809, 1819, 1825 and 1831 Lower Muscatine Road from 1104 RS -5 to. RS -8, be given first vote for passage. Don McChristy, 1804 DeForest, Charlotte Robbins, 1815 De Forest, appeared in opposition to the proposed rezoning. Individual Councilmembers expressed reasons for denying the request. The Mayor declared the motion defeated on unanimous roll call vote, 0/5, Dickson, Strait absent. The Mayor stated the next item on the agenda was consideration of an ordinance to vacate portions of Capitol and Bloomington Streets. The City Council Activities July 26, 1988 Page 3 Attorney reported that item H12 on the agenda is a proposed 28E agreement with the University that will convey portions of this property being vacated. He stated the ordinance was in error and distributed a corrected version of the ordinance that would pare back a portion on Capitol Street. He suggested that Council amend the ordinance, give third consideration, and wait until the 8/9/88 meeting for fourth and final passage at the same time as the resolution authorizing execution of the 28E agreement is voted upon. The City Attorney noted that the resolution of intent, item k12, has also been amended to reflect the corrected list of conveyances. Moved by Larson, seconded by Ambrisco, to accept the amendments as presented and give third consideration at this time. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate portions of Capitol and Bloomington Street be given third consider- //0 7 ation at this time. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and noted the matter would be scheduled for final consideration on 8/9/88. The Mayor announced the following vacancies: Bd. of Electrical//de Examiners and Appeals - one vacancy for a four-year term ending 10/26/92; Broadband Telecommunications Comm. - one vacancy for an unexpired term /o ending 3/13/89. These appointments will be made at the 9/6/88 meeting of the City Council. Councilmember Horowitz noted the copy of the letter from the City ///0 Mgr. to the Corps of Engineers regarding the application from Jim Glasgow Construction, and questioned other areas of the City that may be filled in like this property. The City Mgr. stated that in addition to Sturgis Ferry, about 7 or 8 other areas would fit into the category. Courtney /// noted the memo from the City Manager regarding traffic conditions along Highway 1 West, and asked that copies be sent to local merchants. Recommendation of the Broadband Telecommunications Commission that ///.L Council authorize the spending of up to $4,000 from the cable TV budget to hire a consultant. The consultant will facilitate the development of the Request for Proposals (RFP) and an evaluation of the RFP responses in regard to the Non -Profit Organization (NPO). Councilmembers requested more information prior to making a final decision. The Asst. City Mgr. stated more information would be provided and the matter would be presented as a budget amendment at a later time. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-163, Bk. 98, p. 163, RESCINDING PRIOR RESOLUTION NO. 82-234 AND PROVIDING FOR AN AMENDMENT TO THE FEE SCHEDULE FOR SIGN ERECTORS' LICENSES AND SIGN PERMITS ///3 BY AUTHORIZING A MAXIMUM PERMIT FEE FOR BANNER SIGNS. Ambrisco noted problems last year regarding enforcement of the old resolution and asked that all fraternities and sororities be notified of the change. Larson asked that in the future the Planning and Zoning Commission consider relaxing the sign requirements. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-164, Bk. 98, p. 164, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE /// CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY89 LANDFILL Council Activities July 26, 1988 Page 4 EXCAVATION PROJECT, to Barkers, Inc., for $116,260.16. The City Mgr. stated the landfill project needed to proceed and therefore the alternate project, firearms training project, would not be awarded at this time. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-165, Bk. 98, p. 165, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ATTEST AN AGREEMENT BETWEEN CITY AND STANLEY CONSULTANTS FOR PROVISION 1//_s OF VALUE ENGINEERING, FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR THE WASTEWATER TRANSPORTATION FACILITIES IMPROVEMENTS PROJECT, for $65,200.00. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. The Mayor announced that the next item on the agenda was considera- tion of a 28E agreement with the University re the University/City parking and chilled water facility and a water storage facility. The City Attorney noted that a revised resolution had been distributed. Moved by Courtney, seconded by Ambrisco, to adopt RES. 88-166, Bk. 98, p. 166, A REVISED RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER 1116 FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. The City Attorney explained that the agreement relates to this project only and that a final version would be available by the end of the week. He noted that the width and surfacing of the fire lane easement would be contingent upon approval by the Fire Chief. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-167, Bk. 98, p. 167, INTENT TO CONVEY POWER LINE EASEMENTS TO IOWA -ILLINOIS GAS & ELECTRIC COMPANY, ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH WASTEWATER TREATMENT PLANT. In response to -z/—/;7 Ambrisco, the City Attorney reported on the status of two condemnation proceedings, Kent Braverman and Pleasant Valley Nursery. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Larson, to adopt RES. 88-168, Bk. 98, P. 168, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO PROVIDE FOR THE INSTALLA // / P TION AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF LONG DISTANCE TELEPHONE AND TELECOMMUNICATIONS SERVICE TO IOWA CITY AND ITS ENVIRONS. The City Attorney distributed copies of the AT&T license agreement and stated that a revised Exhibit A - map showing location of fibre optic system, Exhibit B -copy of an insurance certificate, and a check for $5,825 would be delivered to the City prior to execution of the agreement. He noted that the check reflected the up- front cost of $1,000 per year minus the discount. Affirmative roll call Council Activities July 26, 1988 Page 5 vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-169, Bk. 98, P. 169, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK, $67,912/year plus a one-time 4% bonus P& for the City Manager and $31,512/year for the City Clerk. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, that ORD. 88-3387 Bk. 29 OF ORDINANCES. 29, AMENDINGOFHTHE ECITY OF IOWATLED CITY,,TAXATIOWAIOBYAND AMENDINGUSECTION" OFTHE 32.1CODE -63 THEREIN TO INCREASE THE AMOUNT OF THE FINE PROVIDED FOR ILLEGAL PARKING// -?o FOR A HANDICAPPED ZONE AS REQUIRED BY SECTION 601E.6 AND 805.8 OF THE IOWA CODE, AS AMENDED, be passed and adopted. Ambrisco noted that recent State legislation increased the fine for parking in a handicapped parking stall but encouraged the State to pursue additional legislation. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the ordinance adopted. Moved by Mayor declared outhe eymotion ndcarried ed by arunanimouslyason, to �o5/0, urn 8Dickson,StrTht absent. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK City of Iowa City MEMORANDUM DATE: July 15, 1988 TO: Memo for Record FROM: City Manager If: Material Sent to Council Only Informal agendas and meeting schedule. Memorandum from the Planning staff regarding wetland fill south of Taft Speedway. Memorandum from the President of the Library Board of Trustees and the Library's Proposed Five -Year Plan. Ltr. from Douglas W. Jones regarding wetland fill south of Taft Speedway. I City of Iowa City MEMORANDUM DATE: July 20, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Memoranda from the City Manager: a. Chamber of Commerce Economic Trends 1988 b. Update - Animal Shelter Project c. ACT Development Proposal - Update d. Pending Development Issues Copy of letter from the City Manager to the U.S. Army Corps of Engineers regarding application of Jim Glasgow Construction. Copy of letter from Legal staff to Jerald Barnard regarding spraying of insecticides. Copy of letter from IDOT regarding blocking of street by railroad. haemo from Legal Dept. re regulations of newsracks on City property (update) I' , City of Iowa City MEMORANDUM DATE: July 22, 1988 TO: City Council FROM: City Manager RE: Material in Information Packet Memoranda from the City Manager: a. HUD Review b. Newsrack C. Iowa Electric(w/attached annual report). d. CEBA Grant - Computer Aided Design Software, Inc. (CADSI) e. Highway 1 West f. Development Assistance (w/attached brochure). Copy of letter from Bruce Goddard representing William and Doris Preucil regarding offer to buy. News release regarding appointment of Civil Rights Coordinator. Memorandum from the Finance Director regarding parking ticket writers. Memorandum from the Department of Housing and Inspection Services: a. Abatement procedures for abandoned buildings and other nuisances b. Assisted Housing Rule Changes Memorandum from the Airport Manager regarding revised airport layout plan. Letter from the Convention and Visitors Bureau requesting a supplemental appropriation from the hotel/motel tax fund. Copy of letter from Heritage Cablevision regarding fee increase. Cepy of letter from Heartland Management Company re Cedarwood Apartments. To Council Only: Memorandum from the City Manager regarding Preucil School. /fes Memorandum from Patt Cain regarding annual report on Iowa City Tax Abatement. //V9 Copy of letter from Daniel Bray to Barry Beagle expressing appreciation. / Sd Article from The Chronicle of Higher Education regarding Town -Gown relations. Ls/ Memo from Patt Cain regarding Chamber of Commerce Economic Trends 1988. / S R 101dA CITY CITY COUNCIL AGENDA REGULAR COUNCIL MEETING OF JULY 26, 1988 7:30 P.M. COUNCIL CHAMBERS, CIVIC CENTER 410 EAST VASHINGTON AGENDA IOWA CITY CITY COUNCIL REGULAR COUNCIL MEETING - JULY 26, 1988 7:30 P.M. COUNCIL CHAMBERS ITEM NO. 1 - CALL TO ORDER. ROLL CALL.`�`� ITEM NO. 2 - CONSIDER ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED. a. Approval of Official Council Actions of the regular meeting of July 12, 1988, as published, subject to correction, as recommended by the City Clerk. b. Minutes of Boards and Commissions. (1) Housing Commission meeting of June 14, 1988. (2) Housing Commission meeting of July 12, 1988. (3) Historic Preservation Commission meeting of June 8, 1988. (4) Board of Adjustment meeting of June 8, 1988. (5) Board of Adjustment meeting of June 9, 1988. (6) Police and Fire Retirement Systems Board joint meeting of May 31, 1988. (7) Planning and Zoning Commission meeting of July 7, 1988. (8) Resources Conservation Commission meeting of May 9, 1988. (9) Senior Center Commission meeting of May 16, 1988. (10) Broadband Telecommunications Commission meeting of June 22, 1988. (11) Airport Commission meeting of May 18, 1988. (12) Airport Commission meeting of May 24, 1988. (13) Airport Commission meeting of May 25, 1988. (14) Airport Commission meeting of May 26, 1988. (15) Airport Commission meeting of June 2, 1988. 6 Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 2 c. Permit Motions and Resolutions as Recommended by the City Clerk. (1) Consider a motion approving a Class "C" Liquor License for Cheers, Inc. dba Cheers & Misque, 211 Iowa Ave. (renewal) (2) Consider a motion approving a Class "C" Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn Street. (renewal) (3) Consider a motion approving a Class "C" Liquor License for Field House, Inc. dba The Field House, 111 E. College St. (renewal) (4) Consider a motion approving a Class "C" Liquor License for KJ Enterprises Co. dba Gas Co. Inn, 2300 Muscatine Avenue. (renewal) (5) Consider a motion approving a Class "C" Liquor License for 6:20 Inc dba 6:20, 620 South Madison Street. (renewal) (6) Consider a motion approving a Class "B" Beer Permit for Richard Paul dba Lotito's Pizza Ltd., 321 S. Gilbert Street. (renewal) (1) Consider a motion approving a Class "C" Beer Permit for Voss Petroleum Company of Iowa City dba Dan's Mustang Market, 933 South Clinton. (renewal) (off (8) Consider a resolution issuing dancing permits. N 1 , Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 3 d. Setting public hearings. �8 )lnZ (1) Resolution of intent to dispose of a portion of vacated street right-of-way adjacent to Horace Mann School by selling same to William and Doris Preucil for use in conjunction with the Preucil School of Music, and setting public hearing thereon for August 9, 1988. Comment: The Preucil School of Music has received approval from the Board of Adjustment to expand and make improvements to the school. The approval was contingent upon the School's ability to provide off-street parking. To comply with the requirement, William and Doris Preucil have offered to purchase an 80' x 100' parcel of vacated street right-of-way located adjacent to Horace Mann School and immediately south of the Preucil School of Music at 524 N. Johnson Street. The Preucil's have offered to purchase the property for $7,000. The public hearing is scheduled for the regular City Council meeting of August 9, 1988. e. Correspondence. (1) Letters expressing opposition to the proposed zoning change to allow duplexes at 1807, 1809, 1813, 1819, 1825, and 1831 Lower Muscatine Road. This rezoning is on this agenda for first consideration as Item No. 3.g. Letters are from: (a) Don McChristy (b) Melvin and Sarah Hoffman (c) Richard and Charlotte Robbins (d) Paul and Jill VanDorpe (e) Deanna Milbrandt (f) Mr. and Mrs. W.D. Cramer (g) Rose LaGrange (h) Robert and Karla Peiffer (i) Howard Gosnell (2) Letter from Diana Thrift and Witold Krajewski expressing opposition to the proposed location of the firearms range. a Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 4 (3) Memoranda from the Traffic Engineer regarding: (a) Stop sign on Davenport at Van Buren (b) Stop sign installation on Court Street at Scott Boulevard (c) Stop sign installation on Lower West Branch Road at Scott Boulevard (d) Stop sign installation on Washington Street at Scott Boulevard. f. Applications for City Plaza Use Permits. (1) Application from Latin American Human Rights Advocacy Center for permission to have a table on City Plaza from which to distribute literature and offer crafts for donations. (approved) / END OF CONSENT CALENDAR .L pA47 .,e p.h. ITEM NO. 3 - PLANNING 3 ZONING MATTERS. a. Consider setting a public hearing for August 9, 1988, on an ordinance to redesignate that portion of Maiden Lane between the south right-of-way line of Court Street and the north right-of-way line of Harrison Street an alley. Comment: At its July 7, 1988, meeting, by a vote of 6-0, the Planning and Zoning Commission recommended that the 47 -foot wide portion of Maiden Lane between Court and Harrison streets be redesignated an alley provided the City commits to paving this right-of-way and providing metered parking in the area. This recommendation is generally consistent with staff report recommendations. Action: 9 Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 5 b. Public hearing on an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2. (Z-8809) Comment: At its July 7, 1988, meeting, the Planning and Zoning Commission recommended to approve the rezoning from CI -1 to CC -2 by a vote of 6-0. This recommendation is consistent with the staff report dated July 7, 1988. Action: Ob� wo C. Consider an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2. (first consideration) Comment: See item b. above. Action: A / a s- y1ra / kc ✓Ab o d. Public hearing on a ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use. Comment: The Planning and Zoning Commission, at its July 7, 1988, meeting, recommended to include food lockers in the CC -2 Zone by a vote of 6-0. Food lockers are establishments engaged in the storage of food products for individual households. The Commission's recommendation is consistent with that of staff included in a memorandum dated June 30, 1988. Action: n s1�gage- p a e. Consider an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use. (first consideration) Comment: See item d. above. Action: lYtc� /0 i //i4uPd A/ Am 6, / see . 61 elevr/ney, fo pe* Ai /s f CansicP • r/sc F7mbr/.. /i Sen/Un/n/ /.x/ /awn'/ /+ 910e refuel. ae&, .,, ordai oro na/ I 03 % do rJit -ciao'/ %fur 6 .v her,o,,A Aa ,/e. a� /hea/_p...Pessz(f o%rF rNadrn9 4e oble C -r//44pr /rvsroy f yu[ ho/�CQ/� /sl lanlyd rf yrurol Agenda Iowa City City Council Regular Council Meeting July 26, 1988 . Page 6 f. Consider an ordinance to vacate a portion of Maiden Lane. (first consideration) Comment: At its June 16, 1988, meeting, the Planning and Zoning Commission recommended, by a vote of 6-0, approval of an ordinance to vacate 19 feet of Maiden Lane between the southern right-of-way line of Harrison Street and Ralston Creek. The applicant, Benjamin Chait, requests that this segment of Maiden Lane be vacated to allow integration of a parking lot he owns east of Maiden Lane with a City -owned parcel he proposes to purchase west of Maiden Lane. No comments were received at the Council's public hearing on July 12, 1988. Action: OK -, l si" c. /,A g. Consider an ordinance to rezone properties at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8. (first consideration) Comment: At its June 16, 1988, meeting, by a vote of 4-2 (Hebert and Cooper voting no), the Planning and Zoning Commission recommended approval of the request to rezone property on the south side of Lower Muscatine Road from OeForest Avenue and Sycamore Street from RS -5 to RS -8. This recommendation is not consistent with the staff report dated May 19, 1988. Provided lots meet the minimum lot area requirement, the RS -8 zoning classification would allow redevelopment of the properties for duplex use. Comments in favor of the proposal were received from the applicant at the public hearing held on July 12, 1988. Two area property owners objected to this request. Action: c.v.ILI — ,� 9 �i 31. j/L/td/ (onsir/ an orda Tu vaeale a ParTioi D rtfard, Ove I i I . `- L:, LQ/i0q/_ 4v/Ji/ bipp/r,1 rC Wl. U4COff `'rii C�r1nf �/4rf�Olr �iir O%.tii �rrtP� ;: *Awn;ps %r/iimrns-� Z vyf kna�✓ /1??,C / `/aa rlr/ir! Ale o�dr9 v wle, nk l Av/ /We.." 4 ld'•Grll' //'r &e ooia�+ /on,�hf /s rota/,/ 4l7a4,/�, Lave /a 9iaf lrn; a drrd of 4,n/l% we e% /f-/ /Ars yaf nu r/ /o the n//iy i y° eiu/t/ io/� c� an 3r i Consd. eri h'/ />e m /r�c>L ,; fYKukt� . b✓ //ASfr4c( 4J % 5, f on /3a dPrd flfkas` lop yom vgeale �pof tonney,. r. !41c0/... Qa//ro// /Si evoW. /5 9iurel I W3� . fy /L1eD/ ConsR✓ d'W,/ '/a `e3one... /W., (owee MusegAnc' 1041.. /oared 6, ,PmA- / second &y Ca/„ego - 411.4 C: rs ry,fr✓ 0v fuwo WAo r✓arrlo/ 11he to addiUS C,74/re,(,, �qr! _Mc Cl�11/� fy � /�Y .Derorrs f hue would' 1,ke /o 10re6erae aae lmin r dorbced ... A do Aa/ wool a/v1J/frf3 /W hoopn uddd ho&e ConyPslus /7opfyou4 w/%/ Soy no Jo lhi1 LLiav/o//`a /?Wmv /B)S derwe>1 W e &o/ y7/ee w/ 164 Aeujlr4 , , • alei�% 407hb�,Am- / (ecousr cur /.//,.o/ /11111 0f S,/.'f/Ivt//N9 / Rea p ✓o✓ 7 dm / Ser 4r7y eimpoN//ti -eVNr , fo / // /.. C/ a%jf (CVri/� 1 p r Ae /Yr0/1/o/>t _..__../74jVial j/_ echo Ad ///rrJ . •.. e. io"Welly c� ky IV5-r /&11111104E 1500 9( 4Jrcii.A elem. Schur/,,. /�np . pw 8 1•C. / //b to /!f11rnii11ry _/ZfS S•f "."W. de/ns % 17eor &A, /IenG1/ SyMOdthr w� ntiy/(xrrfivd �r/k5,,, r/ Ot✓n1i•vlo4,ory 011'. 0/1" I. Al,ok he/yrAvhcod tho✓/d rrMvra 5.� deur//rq� I /l7c/j/ /1a✓(!a1111 �f roof/off /S 411rH/r� eJis//n; poky w( / Iq ... eC;;,jrre /yrr/rny elm? speo'E U'/6ha/r � �<J .•. �o/y lo,ese ae4/ a�/o me' -%/n; ... Aronf terve /c s�cA. deg?/e/.we wrT/ p11erone redo% /,/ &eI-v4' /o Adkq A16 /Ne�/riisf//r9(0Ad//�<906r�o.e /��r„ drop. aq�ss Sf �osn /fo.c/rrS.•. E I I L</✓SoG/ / /��fP� f Px"7n</5, , alIVIil iw/ee fo ffit tiv$ �uila Suillurni Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 7 h. Consider an ordinance to vacate portions of Capitol and Bloomington Streets. (passed and adopted) Comment: At its May 19, 1988, meeting, the Planning and Zoning Commission recommended by a vote of 5-1 (Scott voting no), approval of an ordinance to vacate Bloomington Street from Capitol Street west to mid - block east of Madison Street and to vacate a ten -foot wide strip on the west side of Capitol Street between Davenport and Bloomington streets. This vacation is part of a joint University -City project to construct a parking ramp, water storage facility, and chiller plant. Action: � f/ TO ITEM NO. 4 - PUBLIC DISCUSSION. SIF. alit.+/ 9 ITEM No. 5 - ANNOUNCEMENT OF VACANCIES. a. Board of Electrical Examiners and Appeals - One vacancy for a four-year term ending October 26, 1992. (Patrick Moore's term ends.) b. Broadband Telecommunications Commission - One vacancy for an unexpired term ending March 13, 1989. (Linda Levey resigned.) These appointments will be made at the September 6, 1988, meeting of the City Council. r A1491 (ohs/V urd/q % v4(of ,cvr/mns G (p jn/ d 4 �BPE o7, -(em/ w/%/ COHOry por•hanf � /hr Prjofr / 6riny /vr[C4/rOl ConC• (9//w� Un/�. rrPs ,.. Wrrr 46le /o Claliwa oq P// ouiS/ /S el,e.S . �raH[m - error mvaC4 ?i vr�a . , , o/So / 4C4td rrkre � 46%/ //oi, wt /itn/[or /0' so WC arr Saygrr�s� /a¢�[ /�rop7rrd on 4.afncle,/ z4Ca7,-7,o,-d c✓avld Corrrc/ A Ilsen. • � B//rn/,V?,w wav/d fie, baa¢ 114C4101/ I pwp. on Cgp%v/ 5f- / f ,IONCldurr , J407end Orr/,; /S% ,, , A flal %� .3ny ConS[ol ✓ �ySS /� /� A �h' Co;5r9 On 4yPMJ,4 gg9rh (ar dvy 9 .., p ti.. / .pats �aCgT/ux gi-,l / flim Jnvss Prsa/ a&h,Wi3 ntfcuroo' Ui zero' 4 yrrrm f a// oil 4vy 9. �td/. 0-OIP; ./y Ao/ /3 larrr[�i'4/ anG sC,offfc/Pr/ Yf1a�� in/rn/ /0 rP�frc�SPrq� (cryUr�lflhfyS. Or /a rPf/rc/ A-' CO'led p //1/ e e,,,acyV fe& Neel nrrd HJa/%cg to arnrnJ /Wore"' 6V Larson/ SeclOdrr/by //.n61 to of arrrndrnf 0, rollrgll ,,, ed lo.so; gni, /me �/ / Srrolydid /,,/ //in(r fo c//u[ �+[ Ora Yo//[a// - ,ars (ont/, /S 9/✓rn Ern / [any t✓r%l �/u n M, lweev r 14..3007/ ¢nnp w%// b em/r t[aljy KSI1I gusvn days /lieh�/65cs� dv;{,Enew 47Suxr N Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 8 i i ITEM NO. 6 - CITY COUNCIL INFORMATION. ITEM NO. 7 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY. a. City Manager. 'O b. City Attorney. —O— I 4 i vol //// aywf / ,n/ 1fora4,,61 LNy o /l%%!r ,9/E„is 51-v71 A ea.a r� End kl) May a/Sar a, rq s ... Prrn„i0v A 4- X/ ,`-./ ,servo IYWAVs/ fr/vaf a/so Ioae a6.%. �y / mai/ cd� Cavo qel� .. J�C/�/S i�"lI.4 G, rRi ... � O� J O� s� S .. • / Ov (/ � �/i+j Cour�iey/ /rT/y cohlr/n,<� sTarly Hl.� / w�J/ iru�� mote Soy/ l�o%rE sld/ /o rill tla�r/ 411 -IA s srnd' Newco. COU!✓ /rally Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 9 ITEM NO. 8 - RECOMMENDATIONS OF BOARDS AND COMMISSIONS. a. Consider recommendations of the Broadband Telecommunications Commission that Council authorize the spending of up to $4,000 from the cable TV budget to hire a consultant. The consultant will facilitate the development of the RFP and an evaluation of the RFP responses in regard to the NPO. Comment: This process was explored in 1985 when the issue of soliciting Non -Profit Organization (NPO) through the use of a Request For Proposals (RFP) was first suggested. Since Council has instructed the Commission to proceed with this concept, it is advisable to again consider use of a consultant for this purpose. Formal Council action will come in the form of a budget amendment later in the fiscal year. ITEM N0. 9 - CONSIDER A RESOLUTION RESCINDING PRIOR RESOLUTION NO.7122 234 AND PROVIDING FOR AN AMENDMENT TO THE FEE SCHEDULE FOR SIGN ERECTORS' LICENSES AND SIGN PERMITS BY AUTHORIZING A MAXIMUM PERMIT FEE FOR BANNER SIGNS. Comment: Last fall, during Greek Rush week, numerous complaints were registered about the City's sign regulations concerning the use of banners. The two principal concerns expressed were the sign permit fee rate and the size limitation. The Planning and Zoning Commission, at their informal meeting of August 31, 1981, decided not to revise the sign regulations for banners. Staff has evaluated the fee rate and recommends that Council consider reducing the fee rate for banner signs for both commercial and residential uses. The new fee rate is a minimum fee of $10 not to exceed $40. The new fee rate should be sufficient to cover administrative casts for most banner sign permits issued. Action: GLcIiJ Alt -v/ eefal". re . /Io ac�i7i /5 rrau�r�c/ a/ /+ !or/W11 LOOC/IC/ firl4>a% %,is /s troy �/ttiso�i/ </vnf /!halo !/pyfiiiry aGar//i` ,, /�09 rr�ldy.. . //r//�;� /ssc/P /Liv/ hcs 6Pr'7 r/sovssrd %/0/ 11SS/.yrhe 46 a/a/ s $90av,,. �ijutc �/HIHcS �oisiP /�P c/,,. i if yo rvon/ mo.-,- /1fo rP�/ni.;/y !an �°�uPjf/hof Mbar lrAsay // 6o9 V darn to4S 6PfoUS e 40 �osry„r/S S /r// UhScr�t 4fwGf Ae 4rlfte � &n,S L4r,Sor// prod/rn, is d9GY� q/of � Conry - •, .Pr...c�t� :.�l/hii. Amew/Y3/ P cbl 170/ �OUr%ryey/ !a/r f 4e4/ a/a /�Ielv,'� Bowe / 6rloa lhlj /S *e q' %l/,; f sG,r %jrY q/af qJ AW- IaP z-•.fe /!1110 i 61mekey/„ gIwwl5 11A, f vsle //Orocvi i3/ elan f h,?t e ovl /av64r/ w/ /f//.S nrid ,i/P yJPrloq /17 /"i/s `//4rsonl nerd /0 9e/ Mo/P /la., am Sroae err/!hey/ allel to' l'JdUP 4lro/ � u 1" cylage!l 64,& L�Anfin/ A 6e 4" Ali A%IPU///i 9vl�iixi%f�i,,, drrnj/ 9cYrl� /0 6P 4/0� . . Lu'rsm�. %lir Pibcl%„ /oivtPo/ura//y god f %lrvr vnolha: �f o� vir�.J... lchcrrn - 90 smeo%hvi / I moo/ Ori/ala a/7V./io/y , .. o1/ II "IV' , lomrs��ss . U/oh� /o dr isi PosTvrc C /JrocrPal. . �Jtb� loaha/ayrr� / /�/ lis,. �JiacPrcp ': �9 V /y%LQ% C0675/d• �r•10/.. firrgr/r/ S/rj�S i r�var�6y �irswv/ SC(Oord�y Cdurh,ty %a o�p;•ov( rrlo/ ' y//sem f%m5r� hoer Gur (oa �ar�vey r'dfissrryP / sris/�� doa/y., . Reel i/0 - J r/o ... & 105/ ihosf w/& Ad yp elve Ire wo-s �9Z hour roo/urPd .� dr�rhyrfta%y /Ttn&l hap( we dohY lbmP /! we, a o/f/ fo oewp-, /r/do%�,,. 90/ bra/ /s/ y/- l lh/ / sm, / /r/%'v / 1-4, so., // AW, . A;,Vl e//. lPj • . . COIr/P/4/i!/S ive'yof qr Am/1r19/,bo,,c zanwxi/ , , , ,araeec1&ee grpPJ%/ni , .. �°j.� Arrelori hol <cfev Ave eon fOrr/ax /sir /9tk/ns / /orrsas.+a/ dairro�i p,rlleeol sJe lr re'hXe/ .. Gdrsory/ /./ i/o rrv� r/rPd /o fr/Qy 5/3r rr�U/iP.y./5.. . /rfri/4 dps/rPs ,�hoLu,? /ilk/h5 / ,/sSt/,rI,/ Can be q�r.�tlec(1 LArSoy/ %/i�lhi�hs / hru /a /X c%7P ! , aro'ir.' COurfgPy `Prod/Peri.,. lonfrr� oGvu/ ��c � �rvArrt /Dr rr•1x' o� Co/:risfun. y,,, 7 /heel ro//(o/%.. yrs /s' wecaAO Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 10 ITEM NO. 10 - CONSIDER A RESOLUTION AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY89 LANDFILL EXCAVATION PROJECT. 95 Comment: This project was bid July 19, 1988, and the following bids were received. Base Bid $ Alternate Firearms Training Base Bid Facility Barkers, Inc. $116,260.16 $129,655.16 Iowa City, IA Steger-Heiderscheit 116,482.98 133,582.98 Construction Dyersville, IA V.D. Cole, Inc. 118,243.20 148,738.20 Keosauqua, IA Terra Construction 120,769.28 184,894.28 Davenport, IA Tschiggfrie 161,207.36 221,912.36 Excavation Dubuque, IA ENGINEER'S ESTIMATE 184,400.00 230,000.00 Public Works/Engineering recommends award of this contract to Barkers, Inc. of Iowa City, Iowa. The contract may be awarded with or without the Alternative Firearms Training Facility berm at Council's discretion. Action: °1&dmt ;Klw> 1 S14 �Lf6, d��o(N�HI N MGo� tans/o/... �onshticroy; FyB9 L�s�v'Fi// c`x�aualor� /°SPG% lvev6(�// Gos( bio//,vas Gy 6/CLP/Ijbay bas! ko'/ K 170/ Cl//Lf lliV,-m3 n10UlO � �mhY/ .SPCOi7� � /J!/hN�i/�z � d/SC Gvh��� err, urr`r/o/ny %1ii1 helv.! �e arc /�v/n'• mac. /S srySlle /9162;/! 7/ yva. �rr�/%�i' ybr! y0 S/ bt f /ooh 4f offiPr 01101.19. lhov l/%/ !/X(�/Oi/CC ivf7/�'VG�.. r!/�/• //'o/H Fnji. PJ iy. Stir vh6 Cu�toti/ h1hbs / Ghvvsr /0 /°vi !rf v/%i0 q//rY.�. �an� Av Alco/ '^v//ta// r(sa/ /s o</oov N Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 11 ITEM NO. 11 - CONSIDER A RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO ATTEST AN AGREEMENT �1 g$ BETWEEN CITY AND STANLEY CONSULTANTS FOR PROVISION OF VALUE ENGINEERING, FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR THE WASTEWATER TRANSPORTATION FACILITIES IMPROVEMENTS PROJECT. Comment: This agreement will authorize Stanley Consultants, Inc. to provide Value Engineering, Facilities Plan Update and Environmental Review in connection with the Wastewater Treatment Facilities Improvements. Total fee for this work is $65,200.00. This work is required to become eligible for federal construction grant money. (See attached memo and contract.) Action: Alt/. ITEM NO. 12 - CONSIDER A RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A Ski )(a(p UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS. Comment: The City of Iowa City is engaged in a cooperative project with the University of Iowa to develop on a single site a parking facility for University faculty, students and staff, a chilled water generation facility for University buildings in the North Campus area, and a water storage facility for Iowa City's water system. The facility is to be constructed on the hillside above the Iowa City Water Treatment Plant. A Chapter 28E intergovernmental agreement has been prepared to provide for joint funding, construction, use and operation of that facility. That Agreement also requires the City to convey certain properties and certain interests in property to the University in conjunction with the construction and operation of the facility. The subject resolution is a declaration of the Council's intent with respect to the execution of said Agreement and the conveyance of said properties. It also provides for the publication of notice regarding said proposal, and sets public hearing thereon for the August 9th Council meeting. Action: i /e� YO s� n'1C/// Cor,si� reso/uhc��,.. Chpf�'a6� Q,�'PPmf.•• T.nmrhs/ We dig%... rPvrtPd rPJ</u%/osj .. u /sl,�y v.Y Pr,aPrTes A 6e ConuryeV ... we a.r e9otJ P.r�/y irruch ,� a yeer�„/ . . /r�OdrdG` Courl,�ey/ ,5erowcl-d 6y /rvl4ra/ rev4l,,,' e,6 yreemf es ✓hof /?r� c✓i// do �� us Tsnmi�s p»/y -e/a/a f AW e17,dr 486 eke/ 7y/om/ -�e/e ro /ol�/ ?/ &vel 6' rump-, , . Promoe- 'y W/ 470e e""ejlz 7l , - - COG✓/l�py/ gSSpry/p sl �CVYIU/s/tXS S4%JSf. (6e)CrigS �Kc L wAll su%e/y� Weukf Ant. 1/0 6e a�a"'O w/ do/ Ae A/ . a,e�,. . /orf 41e f aye/ /sSua llt-e e%f ilau9lLf ?0' �ui�e Pd�yy/,... �;o Wou/�//ke f �o�iee /t4rrDWe/ / de Ale/ rof/e ml — rrlo/ul, /s adu o/tq/, Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 12 ITEM NO. 13 - CONSIDER A RESOLUTION OF INTENT TO CONVEY POWER LINE EASEMENTS TO IOWA -ILLINOIS GAS & ELECTRIC COMPANY, ALL IN CONNECTION PLANT ACCESS ROAD FOR THEITH THE CITY'S ACQUISITION OF A SOUTH WASTEWATER i TREATMENT PLANT. Comment: The City has initiated three condemnation proceedings to acquire right-of-way for an access road to the site of the new South Wastewater Treatment Plant. The route of that road parallels and is immediately adjacent to an existing Iowa -Illinois electric transmission line. The subject easements will allow Iowa -Illinois to continue to have its transmission line overhang the property being acquired by the City, and to have access over that property to maintain and operate that line. A public hearing on the proposed conveyance should be set for the August 9, j 1988, Council meeting. Action: / 6la�nrs ITEM N0. 14 - oa ..P1}Xi�J CONSIDER A RESOLUTION APPPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, A ,BB I<08 — RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF LONG DISTANCE i TELEPHONE AND TELECOMMUNICATIONS SERVICE TO IOWA CITY AND ITS ENVIRONS. Comment: This resolution authorizes the City's execution of a License Agreement which will allow AT&T to place a fibre optic cable system along and under the Mormon Trek Boulevard street right-of-way. The Agreement requires AT&T to indemnify and hold the City harmless from any damage or liability resulting from the installation of maintenance of the fibre optic cable system, and requires AT&T to pay an annual license fee of $1,000. AT&T has approved the terms of the license. The fibre optic cable system will provide long distance telephone and telecommunications service to Iowa, including Iowa City and the surrounding area. Action:�v_ i�fe �3 r r�oucd dy SPcaydad 6y wilrrey dsc ' �mh>/ cavarid is /hr Si%S ari rnr,�r�ina�ori PmcrCdia�J //Yirnrns / Arr a r°7drhrQ.><.. /f� Qrav'rirn4v! l°hr/pj,�• /nvu/vr�j �U. /7yrsrry c��s /v1f G/ro� Larson Tli"M / W#y 6076IM7.10roctdu/'r a ilf1f 60MI17i. S• /17414+f award %ho C'� Pl�crs fi/r cheeks o//o - _. . __. _....... y0G qrr.. _ ,kill /rel /o 0,9Slllf. d� flova q// /0 l07orrn4 POrrQ/OPP/� Wh,45 54!vs on Sal't w% c/7w /ia, _ �fa� ra//ca// 1r1°� rS adc,okd I Mal 477, i Tmm/hs / �iadr P/acrd /,� iron% ymr %%/e //TT Gcr.�se Ix Showmj /oca lo- 1f '6• oP>± sySl� (ooy oi /rlSGr' • CPNS F Sed /i/ 11-T. .. tleMlar yr ,,os ollecow/ f he on exeett�elAlr.opeelyl... /y1G0� naued dy Araari/i/ - P&04dd, Lu/toy A Agenda Iowa City City Council Regular Council Meeting July 26, 1988 Page 13 ITEM NO. 15 - CONSIDER A RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY MANAGER AND x(09 CITY CLERK. Comment: This resolution formally approves the salaries established by the City Council for the City Manager and City Clerk. yy Action: ITEM NO. 16 - CONSIDER AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED 'TAXATION AND REVENUE' OF THE CODE OF ORDINANCES OF THE CITY BY EHFINENG CTION I FTOOWA �a"33g� THEREIN INCREASE, THE AMOUNT OF TH PROVIDED FOR ILLEGAL PARKING FOR A HANDICAPPED ZONE AS REQUIRED BY SECTION 601E.6 AND 805.8 OF THE IONA CODE, AS AMENDED. (passed and adopted) i Comment: The State Legislature has authorized the increase of the fine for illegal parking in a handicapped parking space from $15.00 to $25.00. This ordinance amends the City Code tocorrespond to the Iowa Code. �y' / Action: o h c- n AC 5� ITEM NO. 17 - ADJOURNMENT. f' yqf. m. 9 � YI10utr//� y �m6r/ SPPvndio� � Cou�hie y, , , o/sc 51ovrd .3/oJe vArl Cvvau/ dd vPOioue during evd , . ell mp- f City t/ri,( reeW mee//7 f- l�iynJ1 iGarsonl W,11 to free /IIife /e/sa'� ivrrrS ll#d /o Max" SCIiP rood/o Unori/S��vrs... I _ e'6a�p/xr'�rs ,, . egrSvl,/vsh Via/ i I I I %ifcb/ Coils/e% O.ilxri A.n�a�.y Chi 3��,,. fiiga�ione... iricr�ra/�j elm -A- iy1 SPr. 6c./ ffoeva'.� htvh,r / Gidemy "ee'c „ AvVealltc'•why 31. is 111.14A,oN11„ lel C Aero oze lhj Gh S/ Af/j/. . 3'/10 A; 0'/I' C%i' i /tic City of Iowa City MEMORANDUM DATE: July 22, 1988 TO: City Council FROM: City Manager RE: Informal Agenda and Meeting Schedule July 25, 1988 Mondav 6:30 - 8:30 P.M. Council Chambers 6:30 P.M. - Review zoning matters 6:50 P.M. - Abandoned Building Ordinance and Nuisance Ordinance Revisions 7:05 P.M. - Newspaper Vending Machines 7:20 P.M. - Council agenda, Council time, Council committee reports 7:30 P.M. - Executive Session - Performance Evaluation July 26, 1988 Tuesday 7:30 P.M. - Regular Council Meeting Council Chambers August 8. 1988 Mond 6:30 - 8:00 P.M. Council Chambers Informal Council Meeting - agenda pending August 9. 1988 Tuesday 7:30 P.M. - Regular Council Meeting Council Chambers PENDING ITEMS Leasing of Airport Land for Commercial Use Airport Status Update Stormwater Management Ordinance Review East Side Storm Drainage Improvements Environmental Issues re. Land Development Future Downtown Development Study Appointment to Housing Commission - August 9, 1988 Appointment to Committee on Community Needs - August 23, 1988 Appointments to Board of Electrical Examiners and Appeals and Broadband Telecommunications Commission - September 6, 1988 Repdop, COUNCiL MEEflNq r:3o p, m. 'PQeasE Sigm IN: I• � � 2 / I Y) O '1 PTO YD'S �� m COUNCIL FLEETING OF J� /! ROUTING FOR ORDINANCES, RESOLUTIONS, A REEMENTS, CONTRACTS, NOTICES. ORIGINAL X -*1 ('3 4�-l(04 �/reuci/ Lem / XEROX COPIES AGENDA CERT. OF ITEM N FILE N RECR. ITEMS ITEMS FINALIZATION X -*1 ('3 4�-l(04 �/reuci/ Lem / XEROX COPIES INSTRUCTION F FOR ITEMS FINALIZATION p"s.13"e. ,- fes. Ae. %ub/s/� ✓ C/3nir�oa zilt� Ices • de ✓ BA�' ✓ %'u6/s It ✓g/z nl�y %ers wtel C.m,/ oj la 4-1(06 ✓ ii'cs. Ae. Y'uh/i5%✓8�7 I ul„iltn , le94v (tib�r /3 4e IIo7 /�„� . / fie, . c3 . dub l s/ ✓g a i_ TilTLL - rya/✓ nl�y %ers wtel C.m,/ COUNCIL MEETING OF . ROUTING FOR ORDINANCES, RESOLUTIONS, A REEMENTS, CONTRACTS, NOTICES. XEROX COPIES OF ITEMS -D,s4. ✓ Fee Ae / INSTRUCTION FOR FINALIZATION TifG/3h �-/ '713,9 ORIGINAL COPIES AGENDA CERT. OF ITEM ff FILE R RECR. ITEMS 4 /al Y—'-� lvemspalcr✓ Pd. 8K / XEROX COPIES OF ITEMS -D,s4. ✓ Fee Ae / INSTRUCTION FOR FINALIZATION TifG/3h �-/ '713,9 Informal Council Discussion July 12, 1988 Informal Council Discussion, July 12, 1988, 6:30 p.m. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Larson, Dickson, Strait, Horowitz, Courtney. Staff present: Karr, Timmins, Helling, Schmeiser. Tape-recorded on Reel 88-36, Side 2, 604-1. PLANNING & ZONING MATTERS. A. Settino a nuhlir hoar B. Schmeiser stated that the Planning & Zoning Commission took action on July 7th and the applicant has requested expedited consideration of this item. Strait asked what Council could do to expedite consideration of this item. Schmeiser explained that first consideration can be scheduled on the agenda on the same night as the public hearing and at the following meeting, Council can decide to waive second and third considerations. In response to Larson, Schmeiser said this item has been non -controversial. Horowitz said she studied the location of CC -2 zones throughout Iowa City and could not find any reasons why food lockers could not be located in those zones. See above Item A. C. Public hearing on an ordinance to vacate a portion of Maid Schmeiser said there are three requests pertaining to Maiden Lane: 1) to vacate 19 feet of Maiden Lane between the southern right-of-way line of Harrison Street and Ralston Creek to allow for the property on the east side of the road to be contiguous with the triangular piece of the land that Benjamin Chait proposes to purchase from the City; 2) to vacate Harrison Street right-of-way; and 3) to vacate portion of Maiden Lane north of Harrison Street and south of Court Street. Schmeiser noted Benjamin Chait has withdrawn his request to vacate Harrison Street right-of-way. Schmeiser said there were no objections received at the Planning & Zoning Commission meetings regarding vacation of the 19 feet, but an objection was received by staff from a property owner located south of Ralston Creek. McDonald asked if other property owners have been contacted. Schmeiser said property owners along Maiden Lane have been contacted. D. Pubii"earing on an ordinanra in r07nno nrnnnrf4.e �f 10117 lone Schmeiser stated six lots are being considered for rezoning from single-family to duplex. Schmeiser presented Council with a map of the area. Schmeiser explained there are five dwellings on six lots, three properties can be converted to duplex, four property owners of the six lots submitted a petition in favor of the rezoning, and there MINUTES IOWA CITY CITY COUNCIL INFORMAL COUNCIL DISCUSSION JULY 12, 1988 PAGE 2 are no duplexes on the lots currently. Horowitz said that it is her understanding that some of the houses are being used as duplexes. Schmeiser said four of the properties are owner -occupied and only one of the properties are rented out. In response to Larson, Schmeiser explained Planning & Zoning members voted 4-2 in favor of the request because there were no objections and because of the commercial properties located across the street on Lower Muscatine. Two Planning & Zoning Commission members that voted against the request objected because of concerns of spot zoning. Larson asked if area neighbors have been informed of the request. Schmeiser said signs were placed on the properties and contact was made to 19 neighbors to inform that a public hearing was scheduled. Larson encouraged citizens to contact Councilmembers if they are unable to attend the public hearing so their wishes could be taken into account. Horowitz said that as a Council person living in the area, she has received feedback from neighbors that they are against the rezoning. Larson stated he didn't understand how duplexes would be a better buffer than residential housing. McDonald noted that Council would take no action on the rezoning until the public hearing and citizen comments would be carefully considered. Schmeiser said that if Council decides to vote against the rezoning, contrary to Planning & Zoning Commission recommendation, a couple of the Planning & Zoning Commission members could attend the July 26th Council meeting to discuss the issue. Ordinance to vacate portions of Capitol, and Bloominatnn streets (second consideration) Timmins said that the City submitted a proposed 28E Agreement to the University in early June and the University presented a counter proposal that staff has reviewed. The following items were discussed in a meeting with University representatives: BLOOMINGTON STREET RIGHT-OF-WAY. Timmins reported that Public Works is in favor of vacating Bloomington Street as a public thoroughfare and the Fire Chief has raised concerns about fire protection for the Chemistry Building because of the need for access to the stand pipe on Bloomington Street. Timmins stated it is not in the City's interest to vacate Bloomington Street completely because of utilities buried under the street and proposed plans for the additional buried water utilities. The City proposed that the City will vacate Bloomington Street as a street thoroughfare and deed to the University the portion of the right-of-way behind the curbs. Timmins said the City will retain title and ownership of the paved portion of Bloomington Street subject to fire lane easement for the University and an easement for some of their utilities. The University will maintain the 20' fire lane for the City and the surrounding landscaped area. MINUTES IOWA CITY CITY COUNCIL INFORMAL COUNCIL DISCUSSION JULY 12, 1988 PAGE 3 PROGRESS PAYMENTS AND CHANGE ORDERS. Discussions were held regarding how these would be processed and paid. TERM OF AGREEMENT. The City had proposed 100 year term with ability to renew the agreement for five-year periods and the University countered with a proposal for a 50 -year term. Timmins stated the City and University discussed the renewal for an additional unspecified period if the City's water facility would not prevent the University's use of other adjacent University properties. ROLE OF UNIVERSITY IN CONSTRUCTION MANAGEMENT PHASE. Timmins explained that the City is contracting the University to build the facility and to be construction managers. USE OF TOP SURFACE OF WATER TANK. Timmins stated the City does not care what the University uses at the top of the water tank as long as the University remained in care, custody and control of that. Timmins said that a resolution of intent for the 28E Agreement could possibly be scheduled on Council's August 26th formal agenda and a public hearing and resolution authorizing the execution of the 28E Agreement could be scheduled for their first meeting in August. F. Ordinance to amend the Zoning Ordinance parking reguirements in the CB -2 zone. (passed and adoptedl No Council comment. DEMONSTRATION: PARKING TICKET WRITER: Reel 88-36, Side 2 Hell ing said the parking ticket writer was not available for a demonstration. COUNCIL TIME/AGENDA: Reel 88-36, Side 2 1. (Agenda Item No. 3.C.3. - Liquor License for Dubuque Street Brewing Company) Karr noted this item is a liquor license refund and the Consent Calendar should be amended. Reel 88-36, Side 2 Moved by Ambrisco, seconded by Courtney, to adjourn to executive session under Section 21.5.1 to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual requests a closed session (City Clerk evaluation). Affirmative roll call vote unanimous, 7/0, all Councilmembers present. Mayor declared the motion carried. Council adjourned to executive session at 7:00 p.m. OFFICIAL MKIL ACTIONS -7/12/88 The cost of polishing the following proceedings and claims is $ Cumulative cost for this calendar year for said publication is S Iove City Council, reg. mtg., 7/12, 7:30 pum at the Civic Center. Mayor McDonald presiding. Councilmerbers present: Aabrisco, CourtneY, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. The Mayor proclaimed August 7-13, 1988, as U.S Olympic Coin Week. Moved and seconded that the following items and reconn dations in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of 6/28, as published, subject to correction, as recamrnded by the City Clerk. Minutes of Boards and Coomissions: Parks 8 Rec. Comm. -6/18; Riverfront Dc m.-6/1; P&Z Cann. -6/16; Bd. of Library Trustees -6/23. Permit Motions and Resolutions: Class E Beer Permit for Osco Dug Stare, 201 S. Clinton St. Class E Liquor License for Dngtom p2, 1221 N. Dodge St. Liquor License refuel for Dubuque Street Brewrrg Co., 313 S. Dubuque St. Class C Liquor License for Maxie's, 1920 Keokuk. Class C Liquor License fur Studio 114, 114 Wright St. RES. 88-157, ISSUING CIGARETTE PERMITS. RES. 88-158, ISSUING DANCING PEMTlS. Correspondence: Petition from residents of Hanover Court requesting a fence be constructed atop the retaining wall between Hanover Caurt Owners' Association property and the new sidewalk on Scott Blvd., referred to the Public Works Dept. for recomendation. Mara from the Traffic Engr. re parking prohibition on Ashley Drive; parking prohibition on the west side of Keokuk St. between U.S. Wry. 6 and Southgate Ave.; lane mricings an Keokuk St. between U.S. Wry. 6 and Sandusky Ave. Mara from the Civil Service Corm submitting certified lists of applicants for the following positions: Animal Control Officer/Police Dept.; Police Desk/Police Dept.; Maintenance Worker II/Streets (Sweeper Operator); Maintenance Worker I/Streets; Maintenance Worker III/Cenetery; Maintenance Worker I/Transit Div.; Mass Transit Operator/Transit; Special Projects Manager/Public Works Adm. Applications for Use of Streets and Rblic Grounds: Peg McElroy to close an alley for a neighborhood party 6/26, approved. Chmb r of Minutes Iowa City City Council Council Activities July 12, 1988 Page 2 Cmmerce and Downton Association for Sidevalk Days an 7/15-17, approved. Applications for City Plaza Use Permits: Dennis Houlihan dba Yodi the Clon to make balloon sculptures as an occasional vector 6/24-25, approved. Free Medical Clinic to set up a table to sell tickets to a fund-raiser on 7/6-7, approved. Latin American Huron Rights Advocacy Caller to set up a table 7/5-11 to distribute literature and offer crafts for donations, approved. Visiting Horses Association of Johnson Coady to set up a table to sell tickets for a fud-raising event 7/8, 7/11, 7/13, 7/18, 7/22, 8/5, 8/8, and 8/12, approved. The Mayor declared the motion carried. moved and seceded to set a public hearing for 7/26, on an ordinance to rezone from CI -1 to CC -2 prey west of Waterfront Drive and north of Stevens Drive awned by Gay's Locker Company. The Mayor declared the motion carried. moved and seconded to set a public hearing for 7/26 on an amendment to the Zoning Ordinance to permit food lockers in the CC -2 zone. The Mayor declared the motion carried. A public hearing was held an an ordinance to vacate a portion of Maiden Lane. A public hearing was held on an ordinance to rezone properties at 1807, 1809, 1813, 1819, 1825 and 1831 Lamer Muscatine Road frau RS -5 to RS -8. The following people appeared opposing the rezoning: Melvin Hoffman, 1819 Deforest and Tas Anthony, 1004 Kirh%ood. Pat Green, owner of are of the properties, appeared in favor of the request. The Mayor amerced the item would be on the Cantil agenda of 7/26 for action. Moved and seconded that the ordinance to vacate portions of Capitol and Bloomington Streets, be given second vote for passage. The Mayor declared the motion carried. Moved and seconded that OPD. 88-3386, TO ROD THE ZCNlt& CPDIMWNCE PAWOWS REQUIOUTS IH 11E CB - 2 ZOME, be passed and adopted. Geraldine Busse, Senior Ceder Commission, reported on the Senior Peer Counseling Project currently being dare at the Center. The Mayor annourced are vacancy far an umpired term ending 3/1/89 on the Committee on Cammrity Heeds. This appointment will be made at the 8w/23 meeting of the City Council. Minutes Iowa City City Council Council Activities July 12, 1988 Page 3 Larson questioned vkther the Legal Dept. has completed research on the abandoned house ordinance. The City Attorney stated both the abadred building ordinance and the naospaper vending machine will be scheduled for Cantil informal session on 1/26. Councilwber Dickson amomced her upcoming vaing and that she would be moving to New Jersey. The Mayor outlined two options available to fill the unexpired term, appointment and special election. Council agreed to schedule a special informal session on Mxday, 7/18, 6:30 p.m., to discuss the options. Moved and seconded to adopt AES. 88-159, AUWIZING THE MAYOR TO SI(N AND THE CITY CLERK TO ATTEST COOPERATIVETo � PNCNIDEELECTRICALERN SERVICEE TO� SUM WISTEWATER TREATMENT FACILITY. Moved and seconded to adopt RES. 88-160, AUMORIZIN3 AN DCTENSION THfiDl1(:i SEPTUM 14, 1983, FOR FINALIZING A REAL ESTATE CONTRACT FOR THE SALE OF PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF ICW4 CITY, IOWA. Moved and seconded that the rule requiring ordinances to be considered and voted on for final passage at two Cantil meetirgs prior to the meeting at vhich it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. The Mayor declared the motion carried. Moved and seceded that the ordinance amending Chapter 32.1, entitled "Taxation and Revenue" of the Code of Ordinances of the City of Iowa City, Iowa, by wending Section 32.1-63 therein to increase the meant of the fine provided for illegal parking for a handicapped zone as required by Section 601E.6 and 8D5.8 of the Iowa Code, as anerded, be given second vote for passage. The Mayor declared the notion carried. Moved and seconded to adjourn 8:35 p.m. The Mayor declared the motion carried. G Minutes IDA City City Council Council Activities July 12, 1988 Page 4 A more conplete description of Council activities is on file in the office of the City Clerk. n ,, /X n� s/ JCtN M7J(rY1LD, M4YCR � j s/MWtIM K. KARR, qM CLEA( Wxdtted for COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JULY 12, 1988 Iowa City Council, reg. mtg., 7/12/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Helling, Timmins, Karr, Schmeiser, Schmadeke, Fosse. Council minutes tape-recorded on Tape 88-39, Side 1, 349 -END and Side 2, END -320. The Mayor proclaimed August 7-13, 1988, as U.S Olympic Coin Week. Moved by Ambrisco, seconded by Strait, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: of fficial il Actions of of 6/28/88, as Approval published, subject cto correction, tas rehe commendedular tby9the City Clerk. RiverfronteComo.B6/1/88; PSZoComnsi6/16/88; Bd.gofeLibrary Trustees- 6/23/88. Permit Motions and Resolutions: Approving Class E Beer Permit for Osco Drug, Inc, dba Osco Drug Store, 201 S. Clinton St. Approving Class E Liquor License for Hy -Vee Food Store, Inc. dba Drugtown N2, 1221 N. Dodge St. Approving Liquor License refund for The 313 Corporation dba Dubuque Street Brewing Co., 313 S. Dubuque St. Approving Class C Liquor License for Maxie's Inc. dba Maxie's, 1920 Keokuk. Approving Class C Liquor License for SSD Iowa City, Incorporated dba Studio 114, 114 Wright St. RES. 88-157, Bk. 98, p. 157, ISSUING CIGARETTE PERMITS. RES. 88-158, Bk. 98, p. 158, ISSUING DANCING PERMITS. Correspondence: Petition from residents of Hanover Court requesting a fence be constructed atop the retaining wall between Hanover Court Owners' Association property and the new sidewalk on Scott Blvd., referred to the Public Works Dept. for recommendation. Memo from the Traffic Engr. re parking prohibition on Ashley Drive; 6aand Southgate ntAve.; lane markings on Keokuion on the west side of k St. between S between U.S. 6 and Sandusky Ave. Memo from the Civil Service Comm. submitting certified lists of applicants for the following positions: Animal Control Officer/Police Dept.; Police Desk/Police Dept.; Maintenance Worker II/Streets (Sweeper Operator); Maintenance Worker I/Streets; Maintenance Worker III/Cemetery; Maintenance Worker I/Transit Div.; Mass Transit Operator/Transit; Special Projects Manager/Public Works Adm. ons Use of Streets and McElroy to closeanalley r for a neighborhood PublicGrounds: r6/26/88,Peapproved. Chamber of Commerce and Downtown Association for Sidewalk Days on 7/15-17/88, approved. Minutes Iowa City City Council Council Activities July 12, 1988 Page 2 Applications for City Plaza Use Permits: Dennis Houlihan dba Yodi the Clown to make balloon sculptures as an occasional vendor 6/24-25/88, approved. Free Medical Clinic to set up a table to sell tickets to a fund-raiser on 7/6-7/88, approved. Latin American Human Rights Advocacy Center to set up a table 7/5-11/88 to distribute literature and offer crafts for donations, approved. Visiting Nurses Association of Johnson County to set up a table to sell tickets for a fund-raising event 7/8, 7/11, 7/13, 7/18, 7/22, 8/5, 8/12/88, approved. 8/8, and Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, to set a public hearing for 7/26/88, on an ordinance to rezone from CI -1 to CC -2 property west of Waterfront Drive and north of Stevens Drive owned by Gays Locker Company. Ambrisco noted P&Z favorable consideration at their meeting of 7/7/88. Strait requested expedited action on this matter. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. Moved by Strait, seconded by Horowitz, to set a public hearing for 7/26/88 on an amendment to the Zoning Ordinance to permit food lockers in the CC -2 zone. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. A public hearing was held on an ordinance to vacate a portion of Maiden Lane. No one appeared. an 1807, Public809ri1 13,1819,as18251andn1831 Lower Muscatinenance to zoneRoadpfroetis at romrRSe5 to RS -8. The following people appeared opposing the rezoning: Melvin Hoffman, 1819 DeForest and Tas Anthony, 1004 Kirkwood. Pat Green, owner of one of the properties, appeared in favor of the request. The Mayor announced the item would be on the Council agenda of 7/26/88 for action. Moved by Ambrisco, seconded by Larson, that the ordinance to vacate portions of Capitol and Bloomington Streets, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved seconded 28, TOMEND THErZONINGsORDINANCEy PARKING REQUIREMENTS Strait, that ORD. 8-33IN 6, CB-22ZONE, be passed and adopted. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the ordinance adopted. Geraldine Busse, Senior Center Commission, reported on the Senior Peer Counseling Project currently being done at the Center. Minutes Iowa City City Council Council Activities July 12, 1988 Page 3 The Mayor announced one vacancy for an unexpired term ending 3/1/89 on the Committee on Community Needs. This appointment will be made at the 8/23/88 meeting of the City Council. CedarwoodCouncilmember H Housing Courtney ng P ojecerecent noted articles neighborhood acenter, and questioned whether an additional inspection could be scheduled to address with complaints. Asst. CitMr. ttheHousingandInspection Services Larson stresseddtheuneed for a center and asked the City to become involved. Horowitz referred to the public notice, included in Friday's packet, from the U.S. Army Corps. of Engineers regarding a Jim Glasgow housing development near the Iowa River in north Iowa City. The notice requests comments by 7/26/88 and Horowitz noted Council would not be meeting until that date. She said that the Riverfront Commission would be meeting 7/13/88 and discussion of that area is on their agenda. After discussion, Council asked that the Riverfront Commission recommend a response for City Council to issue re the proposal. The Asst. City Mgr, requested the recommendation be sent to his office as soon as possible for forwarding to Council so a letter can be written prior to the deadline. Horowitz raised concerns re the State's Groundwater withcmembersin the of Boards mandiCommissionseandand di terested citizens to discuss it. Strait reported on Soviet guests in his home over the July C uncilmemberswho were ack owledgedictheteventnandethe Positivei icomments received. Larson questioned whether the Legal Dept. has completed research on the abandoned house ordinance. The City Attorney stated both the abandoned building ordinance and the newspaper vending machine will be scheduled for Council informal session on 7/26/88. Ambrisco noted the petition on the Consent Calendar from residents of Hanover Court requesting a fence and requested Public Works research the matter. He also acknowledged research done by our Transit Manager into the Waterloo Transit System. He noted that the Waterloo Transit System recovers 15% of operating expenses from farebox revenues while Iowa City recovers 35-39%. Councilmember Dickson announced her upcoming wedding and that she would be moving to New Jersey. She said her service on the Council had been very rewarding and that she will miss being here. The Mayor outlined two options available to fill the unexpired term, appointment and special election. Council agreed to schedule a special informal session on Monday, 7/18/88, 6:30 p.m., to discuss the options. P 159, Moved AUTHORIZING yTHE econdeMAYORdTO SIGN 1AND by StrattTHEdCITYRCLERKB TO ATBk.TEST9AN AGREEMENT WITH EASTERN LIGHT AND POWER COOPERATIVE TO PROVIDE ELECTRICAL SERVICE TO THE SOUTH WASTEWATER TREATMENT FACILITY. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Minutes Iowa City City Council Council Activities July 12, 1988 Page 4 i I Moved by Ambrisco, seconded by Strait, to adopt RES. 88-160, Bk. 98, p. 160, AUTHORIZING AN EXTENSION THROUGH SEPTEMBER 14, 1988, FOR I FINALIZING A REAL ESTATE CONTRACT FOR THE SALE OF PARCEL D LOCATED IN THE LOWER RALSTON CREEK AREA OF IOWA CITY, IOWA, to Benjamin Chait. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for final passage at two Council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration and vote be waived and the second consideration be given at this time. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Courtney, seconded by Strait, that the ordinance amending Chapter 32.1, entitled "Taxation and Revenue" of the Code of Ordinances of the City of Iowa City, Iowa, by amending Section 32.1-63 therein to increase the amount of the fine provided for illegal parking for a handicapped zone as required by Section 601E.6 and 805.8 of the Iowa Code, as amended, be given second vote for passage. Affirmative roll call vote unanimous, 7/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Dickson, seconded by Strait, to adjourn 8:35 p.m. The Mayor declared the motion carried unanimously, 7/0, all Councilmembers present. JOHN MCDONALD, MAYOR ATTEST: MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES July 26, 1988 Iowa City Council, reg. mtg., 7/26/88, 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald. Absent: Dickson, Strait. Staffinembers present: Atkins, Helling, Timmins, Karr, Schmadeke, Fosse, Beagle. Council minutes tape recorded on Tape 88-39, Side 2, 320-1; 88-45, Sides 1 & 2, 1 -End. Moved by Ambrisco, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 7/12/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Commissions: Housing Comm. - 6/14/88, 7/12/88; Historic Preservation Comm. - 6/8/88; Bd. of Adjustment - 6/8 & 6/9/88; Police and Fire Retirement Systems Board joint meeting - 5/31/88; P&Z Comm. - 7/7/88; Resources Conservation Comm. - 5/9/88; Sr. Center Comm. - 5/16/88; Broadband Telecomm. Comm. - 6/22/88; Airport Comm. - 5/18, 5/24, 5/25, 5/26, 6/2/88. Permit Motions and Resolutions: Approving a Class C Liquor License for Cheers, Inc, dba Cheers & Misque, 211 Iowa Avenue. Approving a Class C Liquor License for James J. Tucker dba Tuck's Place, 210 N. Linn Street. Approving a Class C Liquor License for Field House, Inc. dba The Field House, 111 E. College Street. Approving a Class C Liquor License for KJ Enterprises Co. dba Gas Co. Inn, 2300 Muscatine Avenue. Approving a Class C Liquor License for 6:20 Inc. dba 6:20, 620 South Madison Street. Approving a Class B Beer Permit for Lotito's Pizza Ltd. dba Lotito's Pizza Ltd., 321 S. Gilbert Street. Approving a Class C Beer Permit for Voss Petroleum Company of Iowa City dba Dan's Mustang Market, 933 South Clinton. RES. 88-161, Bk. 98, p. 161, ISSUING DANCING PERMITS. Setting Public Hearings: RES. 88-162, Bk. 98, p. 162, RESOLU- TION OF INTENT TO DISPOSE OF A PORTION OF VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN SCHOOL BY SELLING SAME TO WILLIAM AND DORIS PREUCIL FOR USE IN CONJUNCTION WITH THE PREUCIL SCHOOL OF MUSIC AND SETTING A PUBLIC HEARING THEREON for 8/9/88. Correspondence: Letters expressing opposition to the proposed zoning change to allow duplexes at 1807, 1809, 1813, 1819, 1825 and 1831 Lower Muscatine Road: Don McChristy, Melvin and Sarah Hoffman, Richard and Charlotte Robbins, Paul and Jill VanDorpe, Denna Milbrandt, Mr. and Mrs. W.D. Cramer, Rose LeGrange, Robert and Karla Peiffer, Howard Gosnell. Diana Thrift and Witold Krajewski express- ing opposition to the proposed location of the firearms range. Memo from the Traffic Engr.: stop sign on Davenport at Van Buren; stop sign installation on Court Street at Scott Boulevard; stop sign installation on Lower West Branch Road at Scott Boulevard; stop sign installation on Washington Street at Scott Boulevard. Council Activities July 26, 1988 Page 2 Applications for City Plaza Use Permits: Latin American Human Rights Advocacy Center for permission to have a table on City Plaza from which to distribute literature and offer crafts for donations, approved. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and repeated the public hearing as set. Moved by Ambrisco, seconded by Courtney, to set a public hearing for 8/9/88, on an ordinance to redesignate that portion of Maiden Lane between the south right-of-way line of Court Street and the north right-of-way line of Harrison Street an alley. The Mayor declared the motion carried unanimously, 5/0, Dickson, Strait absent. A public hearing was held on an ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2 (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Courtney, that the ordinance to rezone a 1.808 acre tract located at 1421 Waterfront Drive from CI -1 to CC -2 (Gay's Locker), be given first vote for passage. Ambrisco noted that not enough Councilmembers were present for waiving of readings and hoped that the matter could be expedited at the 8/9/88 meeting. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. A public hearing was held on an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use (Gay's Locker). No one appeared. Moved by Ambrisco, seconded by Courtney, that an ordinance to amend the Zoning Ordinance to allow food lockers in the Community Commercial (CC -2) zone as a permitted use (Gay's Locker), be given first vote for passage. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate a portion of Maiden lane be given first vote for passage. Larson questioned the status of the vacation if Mr. Chait did not purchase the other parcel. The City Attorney stated that the vacation was one step in the process and that Mr. Chait had no right to the alley until a deed was issued. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Courtney, that an ordinance to rezone properties at 1807, 1809, 1819, 1825 and 1831 Lower Muscatine Road from RS -5 to RS -8, be given first vote for passage. Don McChristy, 1804 Deforest, Charlotte Robbins, 1815 De Forest, appeared in opposition to the proposed rezoning. Individual Councilmembers expressed reasons for denying the request. The Mayor declared the motion defeated on unanimous roll call vote, 0/5, Dickson, Strait absent. The Mayor stated the next item on the agenda was consideration of an ordinance to vacate portions of Capitol and Bloomington Streets. The City Council Activities July 26, 1988 Page 3 Attorney reported that item 012 on the agenda is a proposed 28E agreement with the University that will convey portions of this property being vacated. He stated the ordinance was in error and distributed a corrected version of the ordinance that would pare back a portion on Capitol Street. He suggested that Council amend the ordinance, give third consideration, and wait until the 8/9/88 meeting for fourth and final passage at the same time as the resolution authorizing execution of the 28E agreement is voted upon. The City Attorney noted that the resolution of intent, item 012, has also been amended to reflect the corrected list of conveyances. Moved by Larson, seconded by Ambrisco, to accept the amendments as presented and give third consideration at this time. Affirmative roll call vote unanimous, 5/0, Strait, Dickson absent. The Mayor declared the motion carried. Moved by Larson, seconded by Ambrisco, that an ordinance to vacate portions of Capitol and Bloomington Street be given third consider- ation at this time. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the motion carried and noted the matter would be scheduled for final consideration on 8/9/88. The Mayor announced the following vacancies: Bd. of Electrical Examiners and Appeals - one vacancy for a four-year term ending 10/26/92; Broadband Telecommunications Comm. - one vacancy for an unexpired term ending 3/13/89. These appointments will be made at the 9/6/88 meeting of the City Council. Councilmember Horowitz noted the copy of the letter from the City Mgr. to the Corps of Engineers regarding the application from Jim Glasgow Construction, and questioned other areas of the City that may be filled in like this property. The City Mgr. stated that in addition to Sturgis Ferry, about 7 or 8 other areas would fit into the category. Courtney noted the memo from the City Manager regarding traffic conditions along Highway 1 West, and asked that copies be sent to local merchants. Recommendation of the Broadband Telecommunications Commission that Council authorize the spending of up to $4,000 from the cable TV budget to hire a consultant. The consultant will facilitate the development of the Request for Proposals (RFP) and an evaluation of the RFP responses in regard to the Non -Profit Organization (NPO). Councilmembers requested more information prior to making a final decision. The Asst. City Mgr. stated more information would be provided and the matter would be presented as a budget amendment at a later time. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-163, Bk. 98, p. 163, RESCINDING PRIOR RESOLUTION NO. 82-234 AND PROVIDING FOR AN AMENDMENT TO THE FEE SCHEDULE FOR SIGN ERECTORS' LICENSES AND SIGN PERMITS BY AUTHORIZING A MAXIMUM PERMIT FEE FOR BANNER SIGNS. Ambrisco noted problems last year regarding enforcement of the old resolution and asked that all fraternities and sororities be notified of the change. Larson asked that in the future the Planning and Zoning Commission consider relaxing the sign requirements. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-164, Bk. 98, p. 164, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR THE CONSTRUCTION OF THE FY89 LANDFILL Council Activities July 26, 1988 Page 4 EXCAVATION PROJECT, to Barkers, Inc., for $116,260.16. The City Mgr. stated the landfill project needed to proceed and therefore the alternate project, firearms training project, would not be awarded at this time. Public Works Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. is Moved by Ambrisco, seconded by LarsonOVING AND, to adopt RES. 88-165, Bk. 98AND DIRECTICLER, TO ATTEST AANRAGREEMENT BETWEENIZIN CITY AND STANLEYNGCONSULTANTSTHE MAYORAND FORCITY PROVISION F. OF VALUE ENGINEERING, FACILITIES PLAN UPDATE AND ENVIRONMENTAL REVIEW FOR WASTEWATERTHE $65,200.00. Affirmative Rroll ONcall Cvote lEIMPfrROVEMENTS Dickson, Strait y absent. The Mayor declared the resolution adopted. The Mayor announced that the next item on the agenda was considera- tion chilled8wateragreement facilitywith and University wwaterY storage University/City Theparking City Attorney noted that a revised resolution had been distributed. Moved by a{{ Courtney, bAmbrisco, oadopt B 6 A REVISED RESOLUTION OF INTENT TO ENTER INTO ACHAPTER 28E AGREEMENT6WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY , ANDCONVEYANCENTOA THETER UNIVERSITYE OFACILITYCERTAIN INTERESTSVNG INIVACATED PORTIONSFOR THEYOF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN 1 this projectNonlyThe andCity thatAatorney final versionewouldtbeheavailabletby lthesto end ppb of the week. He noted that the width and surfacing of the fire lane easement would roll callvote unanimous, 5/0, Strait, Dicksontabsent. he FireCThefMayorfdeclared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-167, Bk. 98, P. 167, INTENT TO CONVEY POWER LINE EASEMENTS TO IOWA -ILLINOIS GAS & ELECTRIC ACCESSROADPAFOR ALL THEINSOUTHCONNECTION WASTEWATERTHE TREATMENT PLANT. In response to Ambrisco, the City Attorney reported on the status of two condemnation proceedings, Kent Braverman and Pleasant Valley Nursery. Affirmative roll ' call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. Moved by Horowitz, seconded by Larson, to adopt RES. 88-168, Bk. 98, P. 168, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO PROVIDE FOR THE INSTALLA- TION AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF LONG DISTANCE TELEPHONE AND TELECOMMUNICATIONS SERVICE TO IOWA CITY AND ITS ENVIRONS. The City Attorney distributed copies of the AT&T license agreement and stated that a revised Exhibit A - map showing location of fibre optic system, Exhibit B -copy of an insurance certificate, and a check for $5,825 would be delivered to the City prior to execution $1,000 per eyear tminus the eddiscount. chAffirmativeerollecall I i Council Activities July 26, 1988 Page 5 vote unanimous, 5/O, Strait, Dickson absent. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Courtney, to adopt RES. 88-169, Bk. 98, p. 169, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK, $67,912/year plus a one-time 4% bonus for the City Manager and $31,512/year for the City Clerk. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the resolution adopted. P Moved by Courtney, seconded by Horowitz, that ORD. 88-3387 Bk. 29 P• 29, AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUE" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63 THEREIN TO INCREASE THE AMOUNT OF THE FINE PROVIDED FOR ILLEGAL PARKING FOR A HANDICAPPED ZONE AS REQUIRED BY SECTION 601E.6 AND 805.8 OF THE IOWA CODE, AS AMENDED, be passed and adopted. Ambrisco noted that recent State legislation increased the fine for parking in a handicapped parking stall but encouraged the State to pursue additional legislation. Affirmative roll call vote unanimous, 5/0, Dickson, Strait absent. The Mayor declared the ordinance adopted. Moved by Courtney, seconded by Larson, to adjourn 8:45 ayor declared the motion carried P.M.pThe unanimously, 5/0, Dickson, Strait absent. MMiriniMiv K. KARR, CI IT CLERK HN MCDONALD, AYO 0 MINUTES IOWA CITY HOUSING COMMISSION JUNE 14, 1988 IOWA CITY PUBLIC LIBRARY - ROOM A MEMBERS PRESENT: Moore, Parden, Hulse, Stadtlander MEMBERS ABSENT: DAWSON, COTY, WATTS RESIGNED STAFF PRESENT: Barnes, Milkman, Seydel, Stroud OTHERS PRESENT: Carol Thompson MINUTES: Motion to approve the 5-10-88 minutes was made by Parden, seconded by Stadtlander, carried 4-0. MEETING TO ORDER: 9:05 a.m. HOUSING/RENTAL REHABILITATION - Barnes - 416 South Dodge (Comprehensive Rehabilitation Owner -Occupied) This is the first residential facility to apply for Rehab funds. Carol Thompson, Director of Human Services, was present to answer any questions and explain the request for central air conditioning. Motion to approve the loan in the amount of $22,000.00 with a recommendation that Solon Heating & Air Conditioning be awarded the bid for air conditioning was made by Stadtlander, seconded by Hulse, carried 4-0. DISCUSSION OF AMENDMENTS TO HOUSING_ REHABI_LITATION MANUAL - Milkman Milkman presented two amendments to the Housing Rehab Program. The first extends eligibility guidelines to the Paint/Siding, Weatherization and Residential Accessibility programs to include households at 80-100% median income levels with loan rates at 7%. The second amendment would allow combining of the Section 312 Loan Program with the Comprehensive Rehab Loan Program, which would allow greater use of the 312 program, make more home owners eligible for assistance, and allow the CDBG rehab funds to go further. Motion to approve the amendments was made by Parden, seconded by Hulse, carried 4-0. COORDINATOR'S REPORT - Seydel Seydel stated the results of the Informal Reviews for Ginny Visker and Doris Johnson upheld the Coordinator's decision to terminate rental assistance. An Engineering Review of the Public Housing Project 005 was conducted on June 10, 1988, by Ken Bendon, HUD, Des Moines Field Office. The projected was rated above average. A few minor findings were cited. Public Housing rental income for May, 1988 was $9,752.00. One move -out scheduled for the end of June. /0 7.5' Housing Commission June 14, 1988 Page 2 Section 8 Housing Assistance Payments for June, 1988: 169 Vouchers $49,660.50 460 Certificates $103,718.00 Thirty (30) applications were submitted for approval. ADJOURNMENT: Motion to adjourn at 9:45 a.m. was made by Hulse, seconded by Stadtlander, carried 4-0. APPROVED BY: Benjamin J. Moore, Chairperson /07-5 i MINUTES IOWA CITY HOUSING COMMISSION JULY 12, 1988 IOWA CITY PUBLIC LIBRARY - ROOM A MEMBERS PRESENT: Hulse, Parden, Dawson, Coty, Moore (left at 9:05 AM) MEMBERS ABSENT: Stadlander STAFF PRESENT: Seydel, Stroud, Nugent, Barnes OTHERS PRESENT: None RECOMMENDATION TO COUNCIL: To adopt the revised Poli MEETING TO ORDER: 9:03 AM MINUTES: Motion to approve the June 14, 1988 minutes was made by Parden, seconded by Hulse, carried 5-0. COORDINATOR'S REPORT: Seydel - Federal Preferences Congress has directed HUD to adopt and implement certain preferences for ranking applicants on the Assisted Housing Waiting Lists. The purpose is to prioritize selection and assist in targeting assistance to those applicants with greatest need. Mandatory implementation to be completed no later than July 13, 1988. The three mandated preferences are: a. Involuntarily displaced b. Living in substandard housing c. Paying more than 50% of family income for rent There is a 10% leeway allowed which will be used for: - rental rehab units - Public Housing units (rent paying capability) - Emergencies A copy of the letter and the federal preference self -declaration sheet that was sent to all persons on the Iowa City Housing Authority's waiting list was distributed to Housing Commission members. /075 9 Iowa City Housing Commission July 12, 1988 Page 2 - Revised Statement of Policies nuoimbLereu Dv cne Iowa itv Housing Authority has been revised to include the mandated Federal Preference policy and shows on Page 10 the revised annual income limits. Copies were distributed to Housing Commis- sion members. A motion to approve and recommend to Council to adopt the revised Policies was made by Parden, seconded by Hulse, carried 4-0. - Section 8 and Public Housing Update Public Housing income for June, 1988 was $9,575.00. Two move -outs in June. Confirmation of PHA Decontrol Certification was received from HUD on July 8, 1988. This Decontrol will allow the PHA leeway to act on its own as a Recognized Performer. Inspections and occupancy reviews will not need to be completed as often. Copies of the HUD letter were distributed to Housing Commission members. Section 8 Housing Assistance Payments for July, 1988: 170 Vouchers $49,056.00 461 Certificates $105,901.00 Thirty-eight applications were submitted for approval. Seydel stated that the Federal court trial for Doris Johnson's appeal will be held July 29, 1988 in Davenport. ADJOURNMENT: Motion to adjourn at 10:00 AM was made by Hulse, seconded by Coty, carried, 4-0. APPROVED BY: Benjamin J. Moore, Chairperson /0 7S 9 MINUTES DRAFT HISTORIC PRESERVATION COMMISSION WEDNESDAY, JUNE 8, 1988 - 7:30 P.M. CLASSROOM, SENIOR CENTER MEMBERS PRESENT: Russell, VanderWoude, Kern, Cook, Scott, Sierk MEMBERS ABSENT: Licht STAFF PRESENT: Beagle, Rest CALL TO ORDER: Chairman Russell called the meeting to order at 7:30 p.m. REVIEW OF MAY 4. 1988, MINUTES: Russell asked if there were any corrections to the May 4 minutes. Russell noted an error on page 3, paragraph 2, line 6. Sentence should read, "Russell noted that Beagle spoke...". VanderWoude moved to approve the May 4, 1988, minutes. Cook seconded. The motion carried unanimously. REVIEW OF REHABILITATION PROJECTS: --617 Keokuk Court --732 Oakland Avenue --431 Oakland Avenue --819 Iowa Avenue Beagle distributed photographs for purposes of identification of the sites. He restated the information in the packet concerning the rehabil- itation projects. He explained that the proposed rehabilitations were submitted to the Commission for review and comment because Section 106 of the National Historic Preservation Act of 1966 requires any proposal using federal funds to be analyzed for potential impact on historic properties. The Commission must first determine if the proposed rehabilitation project affects any Iowa City historic properties, and in this case, none of the proposed sites are located within a historic district or are on the National Register of Historic Places. Beagle noted the rehabilitation should be consistent with the architectural context of the property and reviewed in reference to the guidelines of the Secretary of Interior's Standards for Rehabilitation. Russell didn't see any problem with recommending any of the proposed rehabilitations since, as stated on the memo, none of the sites are considered historic pr?perties or affect historic areas. Beagle said the Commission may pass the properties on to the State in aggregate with no comments, as had been done in the past. Russell stated the Commission has no objection to submission of the properties to the State. VanderWoude recognized Pam Barnes, Iowa City Rehabilitation Officer, for her skilled work and knowledge on the Secretary's Standards. /o7G 9 Historic Preservation Commission June 8, 1988 Page 2 Cook questioned if properties were not historic, why they were submitted to the Commission in the first place. Beagle restated it was because Federal money is involved and the concern that no federally funded project adversely impacts historic properties. Scott expressed concern over the alterations to be done to the 819 Iowa Avenue property, specifically to the north porch. Cook moved to recommend the proposed rehabilitations to the State Historical Society of Iowa finding that no historic properties are affected and that the evaluations be accepted with the recommendation that the porch renovations on 819 Iowa Avenue be compatible with neighboring structures. Kern seconded. The motion carried unanimously. DISCUSSION OF NORTH SIDE RESIDENTIAL HISTORIC DISTRICT: Russell introduced the topic by first reviewing the "last battle." VanderWoude stated that he was not in favor of putting efforts into the North Side district, but rather to concentrate on public education, or perhaps focus on a smaller district instead of legislation for the whole area. The Commission needs to organize priorities differently and needs more of a grass roots involvement for the amount of effort necessary to battle for the whole North Side. He also stated that he spoke with the University and in the future they might be willing for the Commission to hold a meeting in the Senate room. He stressed some missed opportunities in the University area, as well as the duplication between the Commission and other committees such as the Friends of Historic Preservation. Russell questioned whether to coordinate the Commission's public education efforts with other groups or work independently. VanderWoude said the Commission needs to get a solid foundation but not through legislation such as the North Side. He mentioned he would be going to Des Moines to attend a fund raising workshop specifically for Historic Preservation. With a smaller district, the effort could be better organized. Scott stated therewill always be opposition, yet some things have changed, e.g., the composition of the Council, and, the Planning and Zoning Commission. Kern thought the proposed district was too large and agreed that it might be better to retain the southern portion because it was more likely to be under attack by developers. The local fraternity opposition was previously supported at a national level, though perhaps quieted now. In the past, proposals for development have prompted public action when the properties felt threatened; e.g., the proposal for an apartment building on the corner of Court and Summit produced concerns for South Summit street. Sierk mentioned the topic was too controversial and emotional to go through it again, for all concerned. She agreed with VanderWoude that the Commission needed to concentrate on fund raising and education as specific goals. 10710 Historic Preservation Commission June 8, 1988 Page 3 Russell suggested some strategies, such as claiming specific streets as historic districts, to chip away at the North Side area, but, he stressed the southern end needed legal protection. Perhaps a series of small chips, then consolidation later, could eventually contain the area. VanderWoude didn't see a looming threat for the North Side. Cook said it made more sense to help the southern portion as it is most vulnerable. VanderWoude asked if the Commission could move from being the heavies in this issue. For example, preservation was made possible in West Branch by first establishing a positive image. Cook noted that the City Council is well disposed to preservation in Iowa City generally. Russell wanted to pass the North Side Historic District using whatever methods possible and agreed fund raising and education are important to the process. He questioned why the City does not provide brochures for the public. VanderWoude stated the Friends of Preservation have walking tours. Russell did note that the Commission received some publicity through the awards ceremony. He asked general questions of coordination of similar committees. Cook suggested he contact other committees, such as the Friends of Preservation, to find out what they do and what they want to do. Russell noted that they could not use a coalition approach as the Commission was part of the government, while the others were mainly private organizations. However, Sierk stated an exchange of information with the groups would be profitable. Beagle mentioned the Johnson County Historical Society has developed a Speaker's Bureau to do public presentations on preservation and that service might be helpful to the Commission. Kern noted the house tours of historic sites done previously by the Friends of Preservation, but Beagle raised the issue of home owners in the past not wanting to open their doors to the general public. Sierk suggested inviting the chairs of the other groups to attend general meetings as an effort to coalesce. Russell agreed and further suggested utilizing an inventory idea to discern what the other groups were doing (projects, funding, publications, etc.). VanderWoude distributed pamphlets from the National Trust as an example of publications for historic preservation concerns. Russell will make contact with the chairs of the following: Friends of Preservation, JC Historical Society, Victorian Society, State Historical Society, Director for Old Capitol, and will compose a letter. As for the North Side District discussion, VanderWoude wanted to drop it, Kern wanted to bring it up periodically, suggesting perhaps to make smaller historic sites. Cook mentioned that this form of spot zoning would be cause for opposition. Russell suggested to the Commission to give more thought to the North Side area and to take it up again at the next meeting to discuss the implications of the boundaries created on March 9, 1988, by a joint discussion of Planning and Zoning and Historic Preservation representatives. /a7�, Historic Preservacior. Ccmmissicn June 8, 1988 Page 4 The Commission may find allies or even membership by contacting other groups. Beagle promoted the idea of the Speaker's Bureau as an important resource. Sierk suggested listing the Commission's name in the library for engagements at schools or other organizations to promote preservation issues. Cook will pass on to the Planning and Zoning Commission the thoughts on the North Side district and Russell stated he would be glad to welcome a speaker from the Commission. Beagle, for the benefit of the new members, listed five possible options discussed earlier for the North Side district, ranging from staying with the full North Side District as proposed to dropping the project altogether. DISCUSSION OF MARGARET NOWYSZ FUND: Russell, in a May 25 phone discussion with Bill Nowysz, ascertained that no agreement existed between the Nowysz family and the Commission about the funds obtained for the Margaret Nowysz fund. The money was sent to Bill Nowysz personally, and is presently in a bank account with Mr. Nowysz as executor. Mr. Nowysz mentioned to Russell that he wanted the funds to be used for something special, not for general preservation use. Russell said that Nowysz collected over $3,000 and has placed it in an interest bearing account and would use the interest for income. Russell said the funding of projects is an extremely personal matter for Nowysz and he wants control of it. Russell suggested to send the unused portion of money collected by the Commission under the Margaret Nowysz Fund name back to Nowysz with a full accounting of the funds already spent. However, the Commission will not offer to pay back the spent funds. Russell further stated that he did not know legally to whom the money belonged. VanderWoude suggested the Commission could remove the name from the fund if deemed necessary. Cook stated that the Commission could consider Mr. Nowysz as a future source of funding and still raise Margaret Nowysz funds. Russell suggested that if the Commission is not the primary body collecting the fund, the Commission should not use the name. Russell sought authority from the Commission for Beagle and he to prepare the accounting of funds, draw remaining funds in a check for Bill Nowysz, and compose a letter explaining the situation and expressing full appreciation for any further support. Kern so d. complimentedeRussesleronSehisded. diplomacy mandonKernsedeft unanimously. nCook approximately 8:45 p.m. DISCUSSION OF COMMISSION LOGO: Scott said that one of his graduate students that was designing the logo had been elusive but will continue to work on it. One idea presented was to take some prominent architectural detail in Iowa City, and, also give the name of the Commission as the focus. Russell suggested perhaps on a cornerstone, substituting the date of the formation of the Commission for the date of the building. He also mentioned the Commission needed some shorthand symbol akin to a letterhead for the date and the name. Scott will try to get the graduate student to draft some preliminary ideas to 1,976 Historic Preservation Commission June 8, 1988 Page 5 bring to the next meeting in July, but probably the ideas will not be ready until the August meeting. COMMISSIONER REPORTS: Russell stated at the June 14, 1988, Council meeting, will be the formal presentation of awards to the winners of the 1988 Historic Preservation Awards Program. The members of the Commission will be introduced and the Mayor will present the awards to the winners. The Commissioners will be present on stage. Scott and Sierk will not be able to attend the meeting. Scott asked if any mention was made in the newspapers. Beagle mentioned nothing had been submitted. Russell asked Beagle about preparing certificates for the honorable mentions. Beagle stated the calligrapher had a problem of scheduling and may not be available to draft certifi- cates, however, he would talk to another draftsperson about getting something done. He would contact Russell to confirm any details. REVIEW OF HISTORIC PRESERVATION WEEK: Russell wanted to 'extend thanks to Beagle and Cook for their excellent work on Historic Preservation Week. Something that could be looked at for next year included scheduling earlier in the afternoon, and the lack of early coordination with the Friends of Historic Preservation. For physical needs, the Commission must attain blackout drapes for Old Brick, or get a different building to show the slide presentations. Also, a protection for the speaker system is necessary. Scott suggested Old Capitol would be ideal but problems exist with the restrictions in the building. Russell mentioned they needed to elaborate the expectations for the jurors, including the necessity for one spokesperson to make the presentation. Beagle stated he had sent out letters of thanks to the jurors and Russell has extended thanks to the Friends of Historic Preser- vation. Cook suggested bringing in commercial developers for fund raising; perhaps having a program at one of their buildings to include them in the Historic Preservation events. Russell suggested that perhaps the Commission could meet at an historic preservation site. Sierk stated she would like to have different places beginning in the fall. She also mentioned that the next time the Chairperson of the Commission should sign the letter which asks for the application rather than the City signing the letter. Vanderwoude suggested having the next meeting in the Senate Chambers. NO STAFF REPORTS: Commission thanked Beagle for all of his help. ADJOURNMENT: Sierk moved. Cook seconded. The motion carried unanimously. The meeting adjourned at 9:10 p.m. Minutes submitted by Susan Rest. /0�6 MINUTES BOARD OF ADJUSTMENT JUNE 8, 1988 - 4:30 CIVIC CENTER COUNCIL MEMBERS PRESENT: MEMBERS ABSENT: "Y P.M. $ubjact 20 ApprJV3l CHAMBERS Mask, Randall, Winegarden Messier, Pelton STAFF PRESENT: Boyle, Moen, Rockwell, Michel CONSIDERATION OF THE MINUTES OF MAY 11, 1988: Winegarden moved to approve the May 11, 1988, minutes The motion passed unanimously by a 3-0 vote. VARIANCE ITEMS: Mask seconded. V-8802. Public hearing on a request submitted by Maranatha Church for variances from the minimum lot area and density requirements of the. RNC -20 zone and from the off-street parking regulations of the Zoning Ordinance for property located at 10 N. Johnson. Mask moved and Winegarden seconded the notion to approve Bruce Brechtel's request on behalf of Maranatha Church to withdraw the application for variances for property located at 10 N. Johnson. Notion carried 3-0. V-8804. Public hearing on a request submitted by Chezik-Sayers Honda for a variance to permit a sign which exceeds the size limits for the CI -1 zone for property located at 2343 Mormon Trek Boulevard. Moen reported that the Honda dealership was currently under construc- tion at the northeast quadrant of the intersection of Freeway 218, Mormon Trek Boulevard and Highway 1 West. As part of the develop- ment, the applicant proposes to construct a sign which measures 222.76 square feet per sign face. Free-standing signs are permitted in the CI -1 zone but each sign face is limited in area to 125 square feet. The applicant's sign is 1.7 times larger than permitted in the CI -1 zone. The applicant, therefore, is requesting a variance to permit a larger sign. Moen reviewed the circumstances in which variances are appropriate. Considering the public interest issue, Moen stated that because the property is bound by two major streets and due to the amount of right-of-way associated with these streets, particularly on the west and southwest, it appears the proposed sign would have little effect on adjacent properties. Properties to the north and east are separated from the site by Mormon Trek Boulevard and a change in topography. The proposed sign is seen, therefore, as having little effect on the overall integrity of the neighborhood. Moen further explained that the impact of a variance on the public interest is also measured by the extent to which the variance is in compliance with the Comprehensive Plan. Sign regulations are intended to control the number and size of signs in order to prevent /0 17 Board of Adjustment June 8, 1988 Page 2 visual congestion in the area. Increasing the size of the sign by over one and one-half times the area permitted is, in staff's opinion, not in harmony with the intentions and purposes of the Zoning Code. The Comprehensive Plan includes policies which address the preservation and enhancement of entryways into Iowa City. The proposed project is located at one of the major entryways into Iowa City. In staff's opinion, the size of sign proposed would detract from the appearance of the community and would not enhance this entryway to Iowa City. The proposed sign is, therefore, contrary to the Comprehensive Plan policies. Moen stated that the issue of hardship must also be considered. In this particular case, since sign alternatives are available to draw attention to the property, unnecessary hardship is not apparent. Moen explained it is not clear from the information submitted that the applicant cannot make reasonable use of the property as a result of sign size limitations. Because it is difficult to establish hardship based on the two tests, the question of origin of the hardship is moot. Staff recommends that the request for a variance to the sign regula- tions to permit a free-standing sign that exceeds the maximum size requirements of the CI -I zone for the Honda dealership based on the information provided be denied. Larry Schnitt.ier, 456 Highway 1 West, from MMS Consultants, stated he was working with the Honda personnel. Schnittjer discussed the reasons for requesting the sign's variance. He stated the facility cannot be seen by motorists traveling on Highway 1 from the north. Motorists cannot see the facility early enough to make the turn to enter the property. The proposed sign, he feels, would remedy this problem. Mike Dean. Soy Westwinds Drive, the general manager for the Honda dealership, stated that American Honda only allows dealers to purchase certain sized signs and that there are no in-between sizes available. When the dealership ordered the sign 90 days ago, they failed to check on the size limitations of signs in Iowa City. He stated the sign cost them about $26,000 and although money was not the issue, the sign company would not take the sign back. Dean explained he could adapt the sign if the Board of Adjustment would allow him to use the word HONDA and take off the word automobile and the reader board, which would reduce the size of the sign. He requests to be allowed to use the word HONDA at 6 feet by 6 feet per letter, which is what Honda sent him. Mask questioned if there was a problem with the height of the sign and Moen informed her the height of the sign was in compliance with the Zoning Ordinance. Moen stated the area of the sign face was in question. Dean stated this was the only sign that could be used at the dealership in order to be seen from the highways. Mask asked if reducing the sign satisfied the requirements of the Zoning Ordinance. Moen stated the size of the letters and the space /977 Board of Adjustment June 8, 1988 Page 3 between the letters would have to be reduced for the sign to be in compliance with the Zoning Ordinance. Winegarden expressed sympathy, but he stated almost every auto dealership that has moved into town has said the same thing. He stated that the Board of Adjustment has very strict guidelines and, as staff stated, the applicant must show that unnecessary hardship exists. Winegarden stated that the unnecessary hardship test is whether a reasonable use of the property can be made without a variance and whether the circumstances of the applicant are unique, and if the hardship is not of the applicant's own making. Dean felt that there would be a hardship insofar as the $1.5 million investment in the property could not be seen. Winegarden stated that no evidence has been presented to show that a reasonable use of the property cannot be made because of sign limitations imposed on the property. Randall questioned whether the property could not be seen from Highway i or Highway 218. Dean said the property could not be seen from Highway 218 but you could see the dealership from about one- quarter placed inmile backaway of theHighway dealershipDean assaid to attractbigger traffic off of Highway 218. Mask moved that V-8804, a request by Chezik-Sayers Honda for a variance to permit a sign which exceeds the size limits of the CI -1 zone be approved. Randall seconded the motion. The motion failed by a 0-3 vote. 1• SE -8811• Public hearing on a request submitted by Robert Happel for a special exception to reduce the front yard requirement of the RS -5 zone for property at 2001 Union Road. Moen stated Robert Happel submitted this request on behalf of the tproperty hesingle-famiLinda single-family dwelling Happel sinterested ipurchasing located onthe property andhewishest enlarge the existing attached single car garage to the extent that it would encroach upon the required front yard on the east side or along the Union Road right-of-way. Mr. Happel is requesting a special exception to reduce the minimum front yard requirement of the RS -5 zone to enable him to extend the proposed addition into the required front yard. The existing garage measures 11 feet wide by 241 feet long and Mr. Happel proposes to enlarge the garage to a width of 26 feet. The 241 -foot length would remain the same. Due to the alignment of Union Road and the manner in which the house is placed upon the lot relative to the frontage, the southeast corner of the proposed addition would encroach about five feet into the required front yard along Union Road. 1077 Board of Adjustment June 8, 1988 Page 4 Moen stated the Board of Adjustment is able to grant special excep- tions in those situations in which the special exception would be in the public interest and would reinforce the intent of the Zoning Ordinance. Moen also stated it is the burden of the applicant to show that peculiar circumstances are associated with the property that justify a relaxation of the Zoning Ordinance as it applies to the property. This particular lot is located on the corner of Union Road and the Union Road cul-de-sac. The 20 -foot setback applies to the cul-de-sac frontage and to the Union Road frontage. The purpose of this requirement is to establish a uniform setback along all frontages, to minimize crowding and congestion in the area and to make certain that there is adequate light and air to adjacent properties. It also provides a buffer for properties from the street traffic. There is space upon the lot to enlarge the garage, but not to the extent proposed in the application. Moen stated it is the burden of the applicant to show distinguishing characteristics of the property that justify or warrant relaxing the Zoning Ordinance for this particular case. If the applicant fails to identify how his property is distinguished from other properties exposed to the same require- ments, then a special exception is not justified. A special excep- tion is not designed to grant special privileges to one homeowner, which are not granted to others. Five factors are taken into consideration in determining whether, as a result of special circumstances, there is difficulty in complying with the dimensional requirements of the zone in which the property is located. Moen stated staff reviewed each of these items and outlined its comments in the staff report dated June 8, 1988. Based on measurements the applicant submitted, Moen advised the Board that it appears the garage could be expanded to 21 feet in width without the need for a special exception. A 21 -foot wide garage would enable the storage of two vehicles.' In staff's judgement, the interest of justice would not be served by allowing the request for a special exception on the property to enable construction of the proposed garage. The staff feels the characteristics of the property are indistinguishable from adjacent properties and no conditions exist which prevent full use and enjoyment of the dwelling. Staff recommends the special exception to reduce the front yard requirement for the property at this address be denied. Robert H Happel. 1946 North Ridae Drive. Coralville, requested information on what his rights were and whether he could question members of the Board. Randall responded that he was free to ask any questions and submit anything he wanted. Happel requested a definition of what the interest of justice implies. Moen replied the interest of justice refers to the regulations that are applied uniformly to properties within Iowa City and these regulations vary from zone to zone. In the RS -5 zone, in which the property is located, there are minimum requirements as to setbacks and, unless there are particular circumstances associated with the property, /017 Board of Adjustment June 8, 1988 Page 5 there is no justification for relaxing, amending, or adjusting the requirements in order to enable an owner to use the property to a greater extent than adjacent property owners are able to use their properties. If there are peculiar circumstances or property charac- teristics that affect the applicant's ability to use the property, then the Board of Adjustment is empowered to determine, as a result of the circumstances, whether the regulations should be relaxed. Happel questioned whether, since this is a corner lot, and due to the curvature of the road, this sets this lot apart from normal lots that are square in the front. Randall stated one of the most obvious tests was whether the difficulty can be resolved by some other feasible method. He suggested a narrower garage or pushing the garage further back on the property as other options that would not require a special exception. Happel stated that, in his opinion, setting the garage back would not be aesthetically pleasing. He felt the garage addition would improve the value of the property because two -stall garages seem to be a plus in the Iowa City area. He stated that he could build a 21 -foot wide garage with no special exception, but he wants to see if he had any say in the final outcome of the decision. Happel presented photographs of the area. Happel stated he could not present a hardship case. The request was just for something he wanted to do to the house. Randall informed Happel that you don't have to prove a hardship for a special exception. Winegarden stated that about every two months this type of report comes up for a garage or a fence that it too tall. He felt that to be consistent, the Board has always abided by the zoning laws. Happel felt $265 was a lot of money to ask for a special exception and he requested that information about the difficulty of obtaining a special exception be made available to future special exception applicants. The Board responded that each case is different and that each case needs to be dealt with in a case-by-case manner. Happel stated he was planning on using the garage to work on his cars and he felt that a work bench and a motorcycle in a 21 -foot wide garage would be very hard to do. Randall questioned why the garage could not be made longer to accommodate a work bench in the back. Happel stated that he wanted to try and keep the look of the house the same by bringing the ranch style out further. Randall stated the Board was trying to find a balance between the City's interests and Mr. Happel's. Mask felt that other alternatives exist and that the purpose of the ordinance is to preserve the property for the individual and the community. She stated she doesn't feel the Board can be too relaxed about varying Zoning Ordinance standards. Mask moved that SE -8811, an application submitted by Robert H. Happel, an behalf of Linda Long, for approval of a special exception to reduce the minimum front yard requirement of the RS -S zone for the property located at 2001 Union Road be approved, iiinegarden seconded the motion. The motion failed by a vote of 0-3. /077 Board of Adjustment June 8, 1988 Page 6 SE -8812. Public hearing on an application submitted by Merlin Hamm for a special exception to reduce the minimum front yard requirement of the RS -5 zone for five lots within Samuel Drive Subdivision, generally located west of Oaklawn Avenue on Samuel Drive extended. Winegarden moved and Marsh seconded the motion to defer consideration of application SE -8812 to the July 13, 1988, meeting as requested by the applicant. Motion carried 3-0. SE -8813. Public hearing on a request submitted by William and Doris Preucil for special exceptions to permit the expansion of a specialized private instruction use in an RM -12 zone and to waive off-street parking requirements or permit off-street parking on a separate lot in an RM -12 zone for property located at 524 North Johnson Street. Rockwell stated that William and Doris Preucil, owners of the Preucil School of Music located at 524 North Johnson, had requested a special exception to expand a school of specialized private instruction in the RM -12 zone. The Preucils proposed excavation of the crawlspace to increase the school's basement area and thereby add three class- rooms. The Zoning Ordinance requires two additional parking spaces for each classroom, for a total of six spaces. Because there is no room for on-site parking, three alternatives were proposed for the Board to consider. Rockwell stated that the first proposal the applicant suggested was to purchase the 80 x 100 City right-of-way immediately south of the Preucil School of Music to serve as a parking lot. If the Preucils purchase the City property, that area would become part of the Preucil School property, that is, part of the same lot. The Preucils also requested that the Board consider the merits of granting a special exception to waive off-street parking requirements entirely or permit six parking spaces on a separate lot within 300 feet of the Preucil School of Music. Rockwell stated the Board would need to judge whether an expansion for this already intensive use could be sufficiently conditioned to eliminate the negative impacts. With regard to the special provision for historic structures, denial of the special exception would limit the ability of the applicant to expand use within the historic Preucil School structure but would not prevent continued use. It would be difficult for the Board to justify a complete waiver of parking requirements given the current intensity of use, and the likelihood of exacerbated parking and traffic congestion problems if the special exception to expand were granted. Rockwell stated that the Board had also been requested to consider a special exception permitting off-street parking on a separate lot, which can occur when there is an increase in the number of spaces required by a conversion or an enlargement of a use. For this alternative, the Preucils proposed to construct a six -space parking /077 Board of Adjustment June 8, 1988 Page 7 lot within 300 feet of Preucil School, off the alley in the back yard of the residence located at 524 Church Street. Rockwell recommended that the Board consider whether the expansion of a use for the special exception should be granted and then consider the off-street parking requests. Rockwell stated staff is concerned about the potential increase in traffic congestion due to the relocation of classes from Zion Lutheran Church to the Preucil School premises. However, if the Board decided to grant this special exception to expand, staff recommended that the Board not waive the off-street parking requirements or permit off-street parking on a separate lot. Rockwell stated the Board's approval could be condi- tioned on the applicant acquiring the City right-of-way to the south and the provision of parking on-site to the maximum extent possible while ensuring protection of existing mature trees. o.U„j 5 4 North Johnson, talked about the history of the school. She stated that she and her husband had acquired the building in 1974 because they felt the building was ideally con- structed to serve as a music school. The building already had ticket windows, an auditorium, and even a men's and ladies' room. This had been a public building before and should continue to be a public building. The building has a beautiful auditorium. Preucil stated the school started out small by buying the building and remodeling it. In two years, they were out of space in the building and enroll- ment had increased so they had to rent space at Horace Mann School, Zion Lutheran Church, and in private homes. Preucil stated they have tried many things to alleviate the problem. The school is vacant for most of the day because the age group taught is in school all day. They have a busy time between 4:00 and 6:30 every day when they need more room. She felt they need a program size of 450 students to maintain the facility and to pay the faculty. Preucil School has reached its perfect size. The Preucils do not intend to increase enrollment because they want quality rather than quantity. Preucil stated that their program is suffering because of the morale of the people who have to work away from Preucil School. These people don't feel like they are part of the program or the school, and moving instruments and other musical items back and forth is dif- ficult. They are also very unsure that from year to year they will be able to find space available to rent. Their dents to place that ristnot crowded aIn t tis to move the to peak times. They also them some structural repairs to maintain the old building and to eliminate some of the problems associated with it. Preucil stated they are a non-profit group so they can't put money into the building to restore it if they cannot use the improvements they make. Preucil felt that they are in a public place and she stated that at one time the building was even zoned Public. She also stated the school was surrounded by a parking lot, schoolyard park, and two houses, so she concluded this area was more public than private. /071 Board of Adjustment June 8, 1988 Page 8 Preucil stated they have never had any kind of parking problem because they are far enough away from the University. They acquired the building at 524 Church with the intent of building a parking lot in the back yard to meet the requirements of being within 300 feet of the current building. She stated they are not anxious to build on this lot but they are willing to do so. Preucil said that when they applied last fall for special exceptions, Don Schmeiser made the recommendation that they apply to buy the City right-of-way next to the school and place a parking lot on it. They also worked with a committee from Horace Mann School which was considering buying and then improving the eastern portion of the City right-of-way as a playground. Preucil questioned a few of the things in the staff report, mainly the words noise, traffic congestion, and intensive use. Preucil presented a survey showing how many students are in the building at any given time during the day. The highest number was at 5:30 p.m. and it averaged 7.4 students. This does not include the 50 students on Friday who come for the group lessons or the 50 on Monday. It was found that at 4:00 p.m. there were 6.2 students, at 2:30 p.m. there were 3 students, at 7:30 a.m. there was 1.1 students and the average for the rest of the day was less than I student. Preucil questioned if this is intensive use of a building of that size. Preucil also conducted a parking survey at the same time which monitored all the cars parked from Church Street around on Johnson Street to the curve where the alley comes out. The monitoring was conducted at 10:00 a.m., 11:00 a.m., 12:00 p.m., 2:00 p.m., 4:00 p.m. and 6:00 p.m. on Monday, Tuesday, Wednesday, Thursday and Friday. She stated, for example, that on Monday at 8:00 a.m., two cars out of nine were Preucil School cars. At 10:00 a.m., 3 cars out of 11 were there for Preucil School activities; at 12:00, 6 were theirs and at 2:00 p.m., 4 out of 9 were theirs; and at 4:00 p.m., there were 9 out of 10, and at 6:00 p.m. there were 15 out of 15. She stated they also used the Horace Mann parking lot after 4:00 p.m. and there was room for 17 cars in that parking lot. Preucil stated she would like to give the Board a petition signed by neighbors who don't feel there are any problems. Preucil stated if they are not granted the special exception, they cannot continue their use of the building. John Maclndoe. 1124 Conklin Lane, stated he was present to act as a representative for Horace Mann PTA. He stated the Horace Mann School occupies the property immediately north and east of Preucil School, all the way to Dodge Street. Over the years there has been a very cooperative relationship between the two schools. Preucil School had been using the Horace Mann parking lot during non -school hours and there was no reason to think this would change. Approximately a year ago, the PTA formed a committee to examine the school's playground for safety features and functional and aesthetic features. They planned to extend the playground by purchasing the City right-of-way to the southwest. He chaired the committee and stated it was brought card of Adjustment June 8, 1988 Page 9 to their attention that Preucil School wanted to buy the adjacent City right-of-way to build a parking lot. His group supports Preucil School's plans for building a parking lot. He felt this would not create any problems aesthetically or functionally to the playground. Joyce Smith 523 East Church Street, stated she has lived in the neighborhood for four years and she has two children that both attend Horace Mann School and Preucil School of Music. She spoke in favor of the special exception, especially the option to purchase the land adjacent to the school to serve as a parking lot. She wants to see the near north side neighborhood continue to strengthen and to be a vital neighborhood for families to raise children in. Smith respects the historical aspects of the neighborhood, and felt the building in question has a great deal of historic significance. The request would not hurt the integrity of the neighborhood. Preucil School has attracted young families to the neighborhood. Easy accessibility to Preucil School was one of the reasons she purchased her house in the neighborhood. Smith stated she likes the cooperative relationship which exists between Horace Mann and Preucil School. For the neighborhood to grow and expand, they need to cooperate. Smith responded to some of the concerns raised by the initial staff report, such as noise, traffic and congestion problems. Smith felt noise had not been an issue and stated she hears more noise from children playing at Horace Mann and noise at 3:00 in the morning from students. In the summer time when she is in the park, she stated that she can hear students playing when the windows are open. Smith questioned whether this is noise and she feels that there are noises that are more of a problem in the neighborhood. Smith stated she feels there is not a parking problem in the area. She felt the data that Doris Preucil had presented was accurate. Smith stated on Monday and Friday there are a number of parked cars of greaterlthaning thepreucil parking5chool, but around MercyhH spitaltorealthat this is an block over by the University students. Smith did feel that traffic congestion occurs on Friday afternoon around 5:00 and perhaps on Monday. She felt this is greatest after 5:00 when the City allows parking on both sides of Johnson Street because the street becomes very narrow for cars to travel through. She feels this is a very limited amount of time to tolerate a small inconvenience that has not posed a safety problem. Smith felt the benefits of the school far outweigh any traffic problem created for one or two hours per week. resile Kuenzli 1133 Maole Street. stated she was a parent of two Preucil School students who have attended the school for about 11 years. She felt that Preucil School was a very special school. Kenme of thezlfinestted stuents fom the school universities cin the country rand amante y of d go on to o the most pres- tigious music schools. 1077 Board of Adjustment June 8, 1988 Page 10 Kuenzli stated the Chamber spends a great deal of time and money to attract people in business to come to the Iowa City area. She argued that Preucil School is one of the major factors that enhances family living and is one of the major reasons her family transferred to the city. She feels it would be a fine investment, with no money involved, to grant whatever special exception the Preucils feel necessary. Helene Soper. 723 Bayard, stated she spoke from the standpoint of having been a resident of Church Street for six years. Having lived on Church Street, she talked about the student noise and motorcycle noise in the neighborhood. She talked about the positive influence of Preucil School on students' lives. She said when she brings visitors into the town one of the places she takes them is to Preucil School to view the facility. The City should be proud of the building and they should try and make it work because there are not any problems which cannot be worked through. This is really a public interest that they are addressing. Jim Harris. 219 Ronalds Street, stated he was one of the original organizers of the North Side Neighbors, an organization concerned with preserving the residential area. He felt the neighborhood should not be looked upon as an area in transition. The residents of the area have developed a set of policies which would limit the Intensity of the use to the extent that it would accommodate existing structures and preserve the area using the existing structures. Harris felt that community institutions need to be preserved. Harris stated that when there was talk about closing Horace Hann School, the North Side Neighbors were very vocal in protesting. The neighbors feel Preucil School is a very viable asset, not only to eastern Iowa but also to the neighborhood. Harris stated, however, that there might be sone minor planning problems like congestion. To accom- modate the school is very much in line with the policies of the neighborhood as advocated to preserve the neighborhood. Jack Luke. 524 E. Church St., stated he rents the property at 524 Church Street. He wanted to reinforce from another neighbor's standpoint what Ms. Smith had pointed out. There are two major noisemakers in the area: one would be the basketball games in the parking lot and the other Is the traffic on Church Street. However, there is a parking problem, but no greater congestion should be created or traffic impeded if the school is expanded. The problem comes from the speedier traffic on Church Street, not by the backing up of traffic coming from any event in the park or Preucil School. Luke feels if the parking lot is built then the exit from the area would go out the other direction, 'which would alleviate the problem. He argued that he had failed to see a parking problem, noise problem or a neighborhood problem caused by Preucil School in the two years he had lived there. Herbert Wilson. 740 Fairway Lane, was interested in Preucil School because he had seen the program and attended a number of the recitals, and observed the students and a number of their accomplish - la 27- Board of Adjustment June 8, 1988 Page 11 ments. Wilson felt that Preucil School is an asset to the community bectheause of propertyits to thehsouthdards and thenplacingpofssixncars onitAcquisition of in best interest of safety and he hoped this could be done. Marian Gaffev 529 Church Street, spoke against the special excep- tion. She stated that the house across the street at 524 E. Church was supposed to be a home occupation and the Preucils were having sched oPreucils alsohrentede had aoutotheischoolon cbuildingsthem. h for church e stated theservices and organizational meetings. Gaffey stated the problem is on Friday nights, Saturday afternoons, and on Sunday mornings. There was a concert on Mother's Day, a wine and cheese party and then on the following Sunday, a music event from 1 p.m. to 9 p.m.. She put up with this all afternoon. She said they have also had wedding receptions held there. The traffic is terrible and there is some- thing every night and every weekend. It goes from a little after 7 in the morning to late in the evening. She was not running down Preucil's music or her pupils. However, she felt the Preucils need a bigger place with parking. Ln t .d F�alert rhurch Street, questioned what happens to the money because the school is a non-profit organization. She also questioned what happens to all of the tuition. She stated that one day it took her 25 get hermhairefixed g n from Church Street Thursday afternoons Sheecks said aeal down hnson to problem is created when you have cars on both sides of the road and one in the middle that will not move until the child comes out from the class. She questioned what to do and expressed that the neighbors shouldn't have to put up with this. She felt that if she ran into a shelwouldnbehtoldulitbwasoherafault. Eglertwould not t fault, but feltatmorepre- cautions were necessary and that the City should not sell a nice recreation whether traffic would con out on o Johnson eSttrreet. trafficwondered whether y1o_hn D�lezal. 512 Gh�!r'h Street, sits out on his porch every night and watches the traffic and at tins you can see all of the Church closed the l streeeetl in the first splice was Htosprotect theaid the children City Street as wl the neighborhood. He felt when the Preucils purchased the school they knew there was no parking lot but now they want to have parking. He the City gthe i thstill cars �ng the children and ifheCity waoing tl ten putthere flgtty Maxwell s21 chrch Street, owns a six -unit apartment building across the street and has to furnish parking for all of her tenants. She questioned how the City can consider a business that does not have room for parking. She felt if the people who use the new lot pofv accidents. She tquestionedto s wheron e Street 1 aws therehen would that bedanger likt bother esnthe music, but parkingswas the 'big issue torher. Maxwell and she usaid /07% Board of Adjustment June 8, 1988 Page 12 some of the people who spoke earlier are never there during the day so they would not know what it is like to be home during the day. Robert Gaffey, 529 Church Street, has lived in the neighborhood for 34 years and has good neighbors all around him but he has given up his peace and tranquility and his property values have decreased about 20% over the last five years. He said the children have to run across Church Street and he wondered if this would be studied. He stated the school operates night and day, seven days a week. He didn't feel that the noise was the problem. The problemw were the traffic and the number of cars. He is not in favor of any expansion because the school is already too big. He felt if they were that successful, they could go out and buy another building and use this one as a primary building for the school. Doris Preucil. 524 N. Johnson, spoke again to try to answer some of the questions which had been raised. She informed the Board the house at 524 Church Street was not brought up because she felt it had nothing to do with the special exception. She said if they can build the rooms in the basement of the school, they don't intend to keep the house. Currently the house was being rented to one of the teachers who teaches piano in the house as a home occupation. Preucil stated that Ms. Luke, the tenant, was giving private lessons to the home. She felt this came under the home occupation, but when there was a complaint against it, they moved the business out of the home. She addressed the question about rental of the auditorium to the New Mission Church, which has about 30 members and meets there on Sunday morning. She said the building is being used on weekends after recitals. she stated that on the day there were people coming from 1 p.m. to 9 p.m., they had a marathon recital. Preucil School is not a rich persons' school. About 33 people received scholarships last year. Tuition money does not cover all the costs of operation. The school is not a wealthy organization. Preucil stated that she did not know why anyone living on Church Street would turn right onto Johnson Street to go down and around through all the traffic to go to a hair appointment. She stated there are only two houses whose driveways open up onto Johnson Street and she didn't see any of these people present. Preucil said that all children crossing the street are accompanied by an adult. Mask questioned Preucil about the pictures of 524 Church Street and the violation that occurred there. Preucil said that this was the piano class she was speaking about and at the most had 11 children in it. She stated Hs. Gaffey had never dealt directly with her. However, Preucil School had taken the necessary steps to alleviate the problem. Mask questioned if there were any lessons going on at 524 Church Street at the present time. Preucil replied there were private lessons, but no group lessons. Preucil stated if the renova- tion was made then there will be room for all classes to be held in the Preucil School. She said they could not remain in the present building if the special exception were not granted. /077 Board of Adjustment June 8, 1988 Page 13 Diana Luke. 524 Church St stated she was the teacher of the private lessons a 524 Church Street. She said in the mornings, she has invited parents to come over and watch the lessons going on. She stated that they were all private lessons and no group lessons were being held. Mrs. Don DOlezal, 512 Church St., felt the Preucils were trying to push them off of their land but she stated she would not be pushed off. She said she had raised children in the neighborhood and had never had any problems, but the children today don't have any respect for the elderly. Sonya Zietamel. R.R. 7, stated she was on the faculty at Preucil School. She comes to the school six days a week and that she seldom had to park more than a block from Preucil School. She felt renova- tion and more parking would be a plus as far as the parking issue. e The renovation would allow all the Preucil students to be housed under one building. She stated the 100 students coming down from Zion were not added on to the total of 450 students. An additional six parking spaces would more than handle the students coming in from Zion. Since she has been with Preucil School, one of the main goals has been to work in harmony with the neighborhood. During peak lesson times, traffic is heavy, but this is only two days per week from approximately 4-6 PM. Traffic is heaviest when i students go to and come from the classes, but this is not a constant rate. She felt the problem occurs at 5:00 when traffic is allowed to park on both sides of the street, because this bottles up traffic and causes it to move slower. If parking could be confined to the Park side of the street, then traffic could flow past the school easier. Zietamel stated she truly hopes the solution can be found so Preucil School can remain in the north end neighborhood. .. Randall stated four options: one is to expand with no parking lot, one is to expand with a parking lot on City right-of-way south of Preucil School, expand with a parking lot at 524 E. Church , or approve no expansion at all. Mask suggested that the Board consider expansion by itself first. Randall stated that the Board should consider the request to expand with purchase of the right-of-way as one item. Winegarden felt that the items were tied together and he would not favor expansion if the right-of-way parking did not come as part of the approval for expansion. Winegarden questioned the use at 524 Church if a special exception were granted. It was stated that no lessons would be held nor would any children be crossing the street if the parking lot were built on the City right-of-way. Randall stated that he was in favor of allowing the school to expand on the condition of purchasing the right-of-way to the south and installing the parking lot as planned. Winegarden stated he was in favor of the expansion on the condition that the parking lot was purchased. Mask agreed. 1017 Board of Adjustment June 8, 1988 Page 14 Winegarden moved to approve SE -8813 for the Preucil School of Music located at 524 N. Johnson Street to permit expansion of the school of specialized instruction in the RM -12 zone with the following condi- tions: 1) The applicant's acquisition of the City right -of -ray to the south; 2) A parking lot provided on site with a minims of six parkig spaces while assuring the protection of existing mature trees. i Mask seconded the motion. The motion passed unanimously by a 3-0 vote. Winegarden stated that the Board should consider the request for a parking lot at 524 E. Church. He had looked at the property which has a garage on it at this time and a phone pole with guidewires on it. Preucil said that the design of the parking lot was in the original staff report and it would consist of six parking places. The garage would be removed. Preucil stated that if they could not acquire the right-of-way from the City, then they would need some kind of parking alternative. Mask questioned where the Preucils were with the City on the acquisition of the right-of-way. Mask felt that she had a greater concern with the parking at the Church Street property because of the community problems and the problem of children crossing the street. Winegarden said he hoped people would pull into the parking lot to let the children off. At this point, the Preucil's attorney, Bruce Goddard, stated that the Preucils had decided to withdraw the request for a special exception to waive parking or locate it on a separate lot. The Board agreed to the withdrawal. Mask stated there are allegations on both sides of the traffic problem. In the future, if this application should come back to the Board, she would like more specific information on the extent of the parking problems. She felt the Board needs more concrete information to make a decision. ' SE -8810. Public hearing an a request submitted by H.D. Hoover for a special exception to reduce the minimum rear yard requiremetn of the RM -44 zone for property located at 612 N. Dubuque Street to permit a garandage which for a special es exception xceptionore tton reduceftheeminimumesetbackrear yfromrd atea he rear lot line on the same property. Randall stated that special exception 8810 could not be considered because, due to a possible conflict of interest between the applicant and a Board member, a quorum was not present. Moen said the ap- plicant had a son available for the summer to construct so he was eager to know the Board's feelings regarding this application. Moen suggested the application be deferred to a definite time before the July meeting. /10,77 Board of Adjustment June 8, 1988 Page 15 Boyle stated the meeting could be continued to the next day, June 9, Moen inquired about the consequences if staff is unable to get three people for a quorum. Boyle responded the meeting would have to be deferred to a certain time and notice of the meeting would have to be published. At 7:05 p.m., Vinegarden moved to continue the meeting until 10:00 AN, June 9, 1988, in the Council Chambers. Mask seconded the motion. The motion passed by a 3-0 vote. Minutes submitted by Greg Michel. Ro ert Rana ,Chairperson ar n Franklin, Secretary /all MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 - 10:00 A.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Mask, Randall, Hinegarden MEMBERS ABSENT: STAFF PRESENT: Messier, Pelton Moen, Michel PRF''�. �I Suhj This Board of Adjustment meeting is a continuation of the June 8, 1988, Board of Adjustment meeting. SE -8810• Public hearing on a request submitted by H.D. Hoover for a special exception to reduce the minimum rear yard requirement of the RM -44 zone for property located at 612 North Dubuque Street to permit a garage which occupies more than 30 percent of the required rear yard area and for a special exception to reduce the minimum setback from the rear lot line on the same property. Moen reported that H.D. Hoover has submitted an application for two special exceptions to permit construction of a garage that would occupy more than 30 percent of the required rear yard and would be closer to the rear lot line than is permitted by the Zoning Ordinance. H.D. Hoover wishes to construct a 16' x 20.5' detached garage within the rear yard of his property at 612 North Dubuque Street. The size of the proposed garage exceeds the area of the rear yard that may be covered by an accessory building. The Zoning Ordinance states that, in residential zones, accessory structures shall not occupy more than 30 percent of the rear yard area. The garage, as proposed, would occupy about 35.6 percent of the required rear yard area. To construct the garage in the manner proposed, Mr. Hoover is requesting that a special exception be granted to reduce the rear yard from 20 feet to 2.93 feet. The net effect of this reduction is -that the garage would no longer occupy more than 30 percent of the remaining 2.93 foot area. Mr. Hoover also requests a second special exception to reduce the setback from the rear lot line that has to be observed for accessory structures. In this particular case, since the garage is more than 60 feet from the street, the garage may be located within three feet of the rear lot line. Mr. Hoover requests a special exception to place the garage within one foot of the rear lot line. Moen stated the Board is aware that it may grant a special exception to modify yard requirements, when the owner of the property demonstrates that such person's situation is unusual or that there is practical difficulty in complying with the dimensional requirements of the Zoning Ordinance. 1077 MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 2 The applicant maintains that the adjustments he is requesting are the minimum adjustments required to construct a useable garage on the property. The location of the existing house and an exterior cellar stairway affect the proposed location of the garage. To achieve a turning radius to allow a car to get into the garage, the building must be pushed further toward the rear lot line. Alternative locations and reductions in garage size do not permit vehicle access to the building given these constraints. The purpose of the 30 percent limitation is to conserve open space on a lot and to assure adequate light and air on a lot and on adjacent properties. The net effect of these is to prevent an overcrowded and congested appearance on the lot as well as on adjoining properties. If a certain amount of open space is conserved on the applicant's property as well as on adjoining properties, collectively there is 'an elusion of even greater open space. It is in the public interest to maintain a minimum amount of open space within the rear yards of each lot which has the cumulative effect of the appearance of substantially more open space. The Hoover home, as well as many of the houses in the neighborhood, were constructed in the 1890's. These homes were constructed on narrow lots that measure only 45 feet in width. They were also constructed at a time when houses were placed substantially further from the street, which thereby had the effect of reducing the size of the back yard. Consequently, the back yards were substantially smaller than the typical back yard created today. In addition, adjacent homes and accessory structures were constructed at a time when rear yard coverage was not regulated. Consequently, the garage at 616 North Dubuque Street consumes about 50 percent of the required rear yard. There is also' a garage on the property to the south of 612 North Dubuque Street that is about three feet from the side lot line. Behind Mr. Hoover's house is a facility known as Hillcrest Family Services. In 1983, in conformance with the Zoning Ordinance, Hillcrest Family Services constructed a sizeable addition to the rear of its facility. The net effect of all of these buildings is that it has enclosed the narrow rear yard of the Hoover property. The elusion of open space is, therefore substantially diminished as a result of this addition and adjacent accessory structures. On the other hand, if a garage is placed on the Hoover property in the manner in which Mr. Hoover suggests, the impact of the garage will not affect the neighbors' ability to get access to light and air. In staff's opinion, therefore, modification of the rear yard to permit construction of the proposed garage will not alter the congested appearance of the immediate area. While buildings in older neighborhoods are often closer together, the conditions affecting Mr. Hoover's are distinguishable from situations within other older Iowa City areas by the extent to which the rear yard of the Hoover property is enclosed by buildings on adjoining properties. 1077 MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 3 With regard to the special exception to reduce the rear yard setback, the applicant maintains that the proposed garage must be located within one foot of his rear yard line to achieve a turning radius that allows him to access the building with a car. The three foot rear yard setback allows access between buildings on adjoining properties, it provides space to enable the property owner to construct and maintain his/her structure from his/her own property, and it also protects adjacent properties from fire damage. Moen discussed the effects of the setback in the interest of the neighborhood, and it was suggested that the applicant be able to maintain the east facade of the proposed garage. If the garage is placed within one foot of the rear lot line, it may be difficult for the applicant to construct and maintain the building without encroaching on adjoining properties. If the garage is placed within one foot of the rear lot line, staff recommends that an access easement be obtained from Hillcrest Family Services to entitle Mr. Hoover to transgress over neighboring property to construct and maintain this wall of the building. In order to contain stormwater on the Hoover property, staff also recommends that a rain gutter be attached along the east side of the garage and that the downspout be directed onto the Hoover lot. This provision would assure that stormwater shed from the roof of the garage would not drain onto adjacent properties. Building Code regulations will automatically require that the eastern and northern walls of the garage be constructed to one hour fire wall standards since these walls are located closer than five feet from the property. Due to the proximity of the proposed building to other buildings, staff recommends that the entire structure be constructed to the one hour fire wall *standard if the special exception reducing the rear yard is approved. Moen stated the Board must also consider the practical difficulties associated with this property that make compliance with the dimensional requirements of the Zoning Ordinance difficult. I. With regard to this application, the request from Mr. Hoover for the adjustments requested are the minimum required to permit a garage on the lot. Due to existing conditions, staff feels that adjoining property's access to light, air and open space would not be diminished by the special exceptions requested. The proposal would neither increase population density in the area nor impose additional burden on available government facilities. 3. Staff anticipates the special exceptions would neither be detrimental to adjoining properties nor substantially change the character of the neighborhood provided an access easement is secured from Hillcrest Family Services to permit access onto the property for purposes of maintaining the new garage. Requiring the garage to be constructed 1017 MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 4 to one hour fire wall standards would ensure the safety of the adjoining properties. 4. The difficulty experienced by the applicant cannot be obviated withrearut yard adjusting the The proposed cimum rear on tructionard g cannot requirement otoccur without granting the special exceptions. 5. Staff feels the interest of justice could be served by granting the yard modifications requested. The staff consistent inordesignnotes that the with the aexisting intends which willconstruct enhance building structure's ability to blend in with surrounding buildings. No elevations, however, have been submitted and, therefore, there is no assurance that the building would be constructed in that manner. Stiff feels a compatible design would enhance the building's ability to blend with surrounding older buildings. Staff recommends approval of the requested special exception to reduce the minimum rear yard requirement of the RN -44 zone for the property located at 612 N. Dubuque Street from 20 feet to 2.93 feet to permit construction of an accessory structure as illustrated on the site plan that accompanies the application. Staff also recommends that the special exception to reduce the required rear yard setback from 3 feet to 1 foot from an accessory structure be approved. Both recommendations are subject to the following three conditions: i ement to allosevidence of an executed allow construction d mintenanceotheeastwalof the proposed garage before a building permit is issued. 2 Attachent the arain down poutttontolthe the property side a6 2 the Nortgaof rage Dubuque Street. 3. Construction of the entire building to one hour fire wall standards. Hog e619 Nor*h Dubuque Street, stated there were two or three points he wished to make about construction of the garage. He had talked with closerto staff theut the garageoat 1nal 616 proposal Dubuque. Instead, uct his he aproposestto construct the garage such that the north wall of the building would be in line with the northernmost wall of his house. This increases the distance between the two garages. Also, the side of the garage that would abut in line with the to snorthily Her feels' hibe more property wold uld be ullt aestheticallypleasing g to Hillcrest Family Services than if the garage were offset from the other garage bordering this facility's side yard. 1017 "ihUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 5 He stated the addition on Hillcrest Family Services is a two-story addition, so his back yard became non-functional after this addition was constructed. The shade generated makes it difficult to grow anything. He stated that, in regard to building the garage in compliance with something that fits in with the existing structure, he has already spent nearly $20,000 restoring the house to its original state. He, therefore, has a vested interest in enhancing his property. He felt that by adding a garage he would be spending more money than he may recover if the property were sold. He also said he was going to try and do anything he could to the house that would improve the looks of the neighborhood. Winegarden questioned whether there was any problem obtaining the easement from Hillcrest and Hoover replied that he hadn't asked and he didn't know. However, he thinks they will like the garage because it adds privacy as their dining room window presently looks into his back window. Mask questioned how close Hillcrest's addition was to the property line. Hoover felt that it was about ten feet and stated that he was going to move part of his fence which separates the two properties, closer to his house. This would enable Hillcrest to have more ground to use and offer better access for maintenance. Winegarden moved to approve SE -8810, a request for a special exception to reduce the minimum rear yard requirement of the RM -44 zone for property located at 612 North Dubuque Street from 20 feet to 2.93 feet to permit construction of an accessory structure as illustrated on the site plan file -stamped May 19, 1988, subject to conditions, and for a special exception to reduce the required rear yard setback from 3 feet to 1 foot for an locatedonthe. structureillustrated tsubject to conditiMay ons. Both 1988, site plan special exceptions are approved subject to the following conditions: a. submission of evidence of an executed access easement agreement to allow construction and maintenance of the east wall of the proposed garage prior to the receipt of a building permit; of ae and b. attacdirecting the downspoutnt of a rain tter ontoltthhe the east property side a612 the Nortrh Dubuque Street; c. construction of the entire building to the one hour fire wall standard. Mask seconded. The motion passed unanimously by a 3-0 vote. Mask stated she felt that the staff report was clear and laid out the concerns for the construction of the garage and that the garage would not in any way affect the general plan of the area or the character of the area as it exists. She felt the property is peculiar and that this was the best location for the garage. lag MINUTES BOARD OF ADJUSTMENT JUNE 9, 1988 PAGE 6 The meeting adjourned at 10:39 a.m. Minutes submitted by Greg Michel. Robert Randall, Chairperson gc'g�- Karffi Franklin, Secretary MINUTES POLICE AND FIRE RETIREMENT SYSTEMS BOARDS - JOINT MEETING TUESDAY, MAY 31, 1988 MEMBERS PRESENT: Harvey Miller, Matthew Johnson, Duane Allison, Thomas O'Brien, Mary McMurray, Larry Donner, Elmer Beckler, Bill Farmer, Rosemary Vitosh MEMBERS ABSENT: Debora Hanson The meeting was called to order at 3:00 p.m. in the Library Meeting Room B, Harvey Miller presiding. ITEMS APPR O Minutes of the March 29, 1988, Joint Board meeting were approved unanimously upon motion by Harvey Miller and second by Duane Allison. A request from Police Officer Debora Hanson for temporary disability status and reimbursement of all sick leave for 32 hours for a total of $404.80 was approved unanimously upon motion by Harvey Miller and second by Duane Allison. 3. Rosemary Vitosh reviewed the court decision on the Farnsworth lawsuit. The court awarded Farnsworth's attorney 1/3 of the settle- ment amount plus approved expenses, and awarded the remainder to the City. She reviewed her memo to the Board and her recommendation that the proceeds awarded to the City amounting to $17,755.18 be receipted into the General Fund due to the fact that the Pension Expense Fund had not yet reimbursed the General Fund for $19,369.27 of sick leave and leave of absence compensation paid to David Farnsworth and for medical and hospital expenses. Discussion continued on the variance between actual expenses and the amount of the settlement, amounting to $1,614.09 and the Board agreed that this also should be paid from the Expense Fund to the General Fund. Moved by Harvey Miller, seconded by Thomas O'Brien to receipt the settlement amount into the General Fund and reimburse the remaining expenses, from the Expense Fund to the General Fund. The motion carried unanimously. 4. There was discussion on whether to retain Steve Griffith of Taylor, Ballard i Co. to prepare the actuary report this summer. Unanimous approval was given to retain Mr. Griffith upon motion by Thomas O'Brien and second by Bill Farmer. S. The Board discussed the definition of a full-time student, as recommended by Rosemary Vitosh, which would be utilized in determin- ing the eligibility for children's benefits between the ages of 18 and 22. The proposed definition was amended upon consensus of the Board as follows: A full-time student is defined as an individual who attends school for two of the three semesters in a school year (fall, spring, summer) and carries a full load of course work as defined by the educational institution. If the financial institution is on a trimester schedule, the student must attend three of the four terms. A child between the age of 18 and 22 years who meets this criteria is /0 7Z MINUTES POLICE AND FIRE PENSION 8 RETIREMENT BOARDS MAY 31, 1988 PAGE 2 eligible for benefits for the full fiscal year which ends June 30. An individual who attends school for only one semester during the fiscal year ending June 30 is eligible for benefits, during that semester, only if he/she graduates at the end of the semester. The student must provide verification of full-time student status to the City Treasurer within 30 days following completion of each semes- ter's course work. Such verification may be a copy of a transcript or a written statement from the appropriate school official verifying completion as a full-time student. Monthly benefit payments will be made upon notification that the child will be a full-time student during the fiscal year. If proper verification of completed course work is not received timely, benefit payments will be discontinued and the individual will be asked to reimburse those monthly payments made for the unverified semesters. ITEMS FOR DISCUSSION: Harvey Miller informed the Board that Sgt. Bill Cook was recently diagnosed as having heart disease. This was discovered during the City -sponsored physical. He is expected to be off work for a minimum of six months and we can anticipate that he will be requesting temporary disability status and possibly a disability retirement in the future. Harvey Miller reviewed the current health status of Loren Teggatz. He had previously been diagnosed as having heart disease. However, following tests at University Hospitals he was diagnosed as showing no signs of heart disease. On May 20, 1988, while on duty, he was involved in breaking up a fight and collapsed. He was taken to Mercy Hospital anddiagnosed as having heart disease. His personal physician, Dr. Bozek, has recommended that he be put on a disability pension. Rosemary Yitosh reported that an appointment has been scheduled for Loren at University Hospitals for review by the Physician Board of Examiners for determination of eligibility for a disability pension. There was discussion on how to proceed in setting guidelines regar- ding the types of investment instruments to be included in the retirement system investment portfolio. More specifically, the Board needs to decide whether they are interested in investing in equities. If investments are made in equities, it is apparent that the Board would need to hire an outside manager as City staff does not have the expertise nor the time to actively manage an equity/stock portfolio. The Board decided to have Kevin O'Malley, Asst. Finance Director, meet with them at their next meeting to discuss the different types of investment instruments which are available, to review the status of the current investment portfolio, including its current liquidity, and to proceed to set guidelines regarding investments. /0V MINUTES POLICE AND FIRE PENSION b RETIREMENT BOARDS MAY 31, 1988 PAGE 3 4. Harvey Miller discussed the need to update the Board's bylaws and written rules and regulations. The rules and regulations were last revised in 1982 and several sections are out of date. Rosemary Vitosh pointed out that Asst. City Attorney Bill Sueppel has been appointed to work with the Police and Fire Retirement Systems Boards and that he has had in drules and the City of Waterloo. AtitheeBoard''sftindirection, BillrSueppelons willith be invited to attend the Board's next meeting to discuss how to proceed on updating the bylaws and the rules and regulations. Rosemary Vitosh will send copies of the current bylaws and rules and regula- tions to the Board for review prior to the next meeting. In addi- tion, if Bill Sueppel can provide a sample of rules and regulations which he has drafted, these will also be provided to the Board. The meeting was adjourned at 3:45 P.M. N MINUTES PLANNING & ZONING COMMISSION FORMAL MEETING �•, • -,_ .., JULY 7, 1988 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Clark, Cook, Dierks, Hebert, Scott, Wallace MEMBERS ABSENT: Cooper STAFF PRESENT: Beagle, Boyle, Moen, Kritz CALL TO ORDER: Chairperson Scott called the meeting to order at 7:35 p.m. RECOMMENDATIONS TO CITY COUNCIL: 1. Recommend denial on an amendment to the 1983 Comprehensive Plan Update to change the land use classification of a 7.34 acre tract located in the northeast quadrant of Mormon Trek Boulevard and Benton Street intersection from Residential: 2-8 dwelling units/acre to Office Commercial. 2. Recommend approval of an amendment to Section 36-19(b) of the Zoning Ordinance to allow food lockers within the CC -2, Community Commercial Zone as a permitted use. 3. Recommend approval of a request submitted by Gay's Locker Company to rezone a 1.808 acre parcel located at 1421 Waterfront Drive from CI -1 to CC -2 (Z-8809). 4. Recommend approval of the proposal to redesignate the portion of Maiden Lane between Court Street and the north right-of-way line of Harrison Street as an alley with the condition that this right-of-way be paved and metered parking status be provided. PUBLIC DISCUSSION OF ANY ITEM NOT ON THE AGENDA: There was no public discussion. CONSIDERATION OF MINUTES OF JUNE 16, 1988: Dierks wved to approve the minutes of June 16, 1988. Cook seconded the motion. The notion carried 6-0. OTHER BUSINESS: 1. V-8802. Public discussion of a request submitted by John R. Rummelhart, Jr. for vacation and disposition of a portion of Maiden Lane between Court Street and the north right-of-way line of Harrison Street. Moen reviewed the memorandum dated July 7, 1988. Moen pointed out that staff reiterates its recommendation to designate Maiden Lane as an alley 47 feet in width which will not /0 79 9 Planning & Zoning Commission July 7, 1988 Page 2 preclude the ability to provide parking within this right-of-way at a future time. John Rummelhart, 204 McLean, stated that he agrees with the staff recommendation and wished to thank the staff and Commission for their time and effort. Paul Dunlap, P.O. Box 2116, stated that he opposes closing, narrowing, or redesignating Maiden Lane because it impairs the value of the property existing along that right-of-way. Dunlap stated that the benefits quoted by staff are not equally attributed to both sides of Maiden Lane. Dunlap introduced an engineering survey of the area done by MMS Consultants dated July 1986 that indicates development currently existing along Maiden Lane. D.C. Woodson, 658 South Lucas, stated that he agrees with staff's recommendation and hopes that maintenance of the alley, if so designated, will be adequate. He encouraged the City to develop parking in this right-of-way. Hebert moved to reconsider the motion to redesignate Maiden Lane between Court and the north right-of-way line of Harrison Street as an alley. Cook seconded the motion. The motion carried 5-1, Clark voting nay. Clark stated that he feels that Mr. Dunlap has concerns that the Commission should address before coming to a decision on the redesig- nation of Maiden Lane as an alley. He felt that more time spent on weighing the pros and cons would not hurt in this situation. Clark mentioned that as the City Council intends to study the entire area around Maiden Lane, that it would be prudent for the Commission to wait until that study is finished. He also stated that he was concerned about the existing poor condition and current lack of maintenance of Maiden Lane and is concerned about future maintenance if, in fact, Maiden Lane is redesignated as an alley. Scott pointed out that there could be an amendment to the main motion. Clark moved to sand the main motion by conditioning approval upon of redesignation of iiaiden Lane as an alley upon paving the alley and providing striped parking stalls and metering. Cook seconded the motion. The motion carried 5-1, Hebert voting nay. The Dain nation carried 6-0. ZONING ITEMS: 3. Public discussion of an amendment to Section 36-19(b) of the Zoning Ordinance to food lockers within the CC -2, Community Commercial Zone as a permitted use. Beagle reviewed the memorandum dated June 30, 1988. He stressed that food lockers are establishments engaged in the storage of food products for individual households and do not include slaughter or rendering activities. Ancillary activities may include food 10 %% Planning & Zoning Commission July 7, 1988 Page 3 processing and preparation, but only as an accessory us to that of the food locker. Clark moved to recommend approval for amendment to Section 36-19(b) of the Zoning Ordinance to allow food lockers within the CC -2, Community Commercial Zone as a permitted use. Wallace seconded the nation. The motion carried 6-0. Z-8809. Public discussion of a request submitted by Gay's Locker Company to rezone a 1.808 acre parcel located at 1421 Waterfront Drive from CI -1 to CC -2. (45 -day limitation period: July 25, 1988.) Beagle reviewed the staff report dated July 7, 1988. Beagle concluded by saying that staff recommends approval of the request to rezone a 1.808 parcel located at 1421 Waterfront Drive from CI -1 to CC -2. Wallace inquired as to why the slaughterhouse is able to remain since it is a non -conforming use. Beagle replied that the slaughter operation is a non -conforming use being legally established prior to the adoption of the current Zoning Ordinance. The current ordinance no longer permits slaughterhouses in Iowa City. Since the slaughter- house portion was not destroyed in the fire, it may continue as a non -conforming use provided it is not enlarged or relocated on the lot. Dierks moved to approve Z-8809. Cook seconded the motion. Chair- person Scott noted that the Commission customarily requires two meetings for public discussion before approving a rezoning, however, Scott noted that the Planning and Zoning Commission will not be meeting in August and does not want to carry an item for too long of a period, especially in this case as there is no public opposition to the rezoning. Cook stated that he feels that the present non- conforming use statute does not effectively control non -conforming uses. Beagle replied that the staff and Commission will be discussing non -conforming use in depth at a later time. The motion carried 6-0. 5. Public hearing on an amendment to the 1983 Comprehensive Plan Update to change the land use classification of a 7.34 acre tract located in the northeast quadrant of the Mormon Trek Boulevard and Benton Street Intersection from Residential: 2-8 dwelling units/acre to Office Commercial. Beagle reported that the principal issue is the change to the Camp Plan. Beagle continued and said that this amendment would be a substantial shift in policy by allowing the encroachment of a community based commercial zone in an area designated for residential use. The retail service needs of the surrounding neighborhood have already been addressed by the designation of the CN -1 zone currently existing on the west side of Mormon Trek Boulevard. The proposed amendment would allow introduction of commercial uses that draw upon community wide patronage which is contrary to the residential policy for this area. IM Planning & Zoning Commission July 7, 1988 Page 4 Bill Happel, 510 S. Clinton, stated that he had nothing to add but was willing to answer any questions from the Commission. Happel continued and said that he believes that the proposed development is a positive use for the neighborhood. Happel said that he could support the development moving to the west side of Mormon Trek Boulevard in the CN -1 zoning area if Dr. Ahn wished to do so. Happel also stated he is not opposed to the present CN -1 zoning. Happel concluded by stating that he is withdrawing his rezoning request. Janet Williams, 2214 MacBride Drive, presented the Commission with a petition with 30 signature opposing the Comprehensive Plan amendment. S. Gethart, 8 Westgate, stated that she was concerned by the inter- spacing of residential neighborhoods with other uses such as multi- family and also submitted a petition of opposition to the Commission. Karen McClelland, 1919 Hafor Circle, submitted a petition opposing the rezoning to the Commission. Chairperson Scott noted that the petitions were duly received by the Commission. Allen Mista, 821 Spencer Drive, stated that he has written letters to each Commissioner stating his reasons for opposing any rezoning of the tract to other than RS -5. Alan continued and presented slides of the area for the information of the Commission. Daniel Bray, 732 Spencer Drive, stated that the neighbors were concerned about the encroachment of commercial uses into the neighborhood. Bray presented an overhead graphic that represented an option to the proposed development that would extend the residential neighborhood over the entire area. Cook moved to approve an amendment to the 1983 Comprehensive Plan Update to change the land use classification of a 7.34 acre tract from Residential: 2-8 dwelling units per acre to Office Commercial. Wallace seconded the motion. Cook stated that he was surprised by the strong opposition to the proposed development by the neighborhood because it wouldn't lower property values and not create any more traffic than if the area was developed for residential. Cook stated that as both the Comprehensive Plan and the neighborhood oppose a change in land use from residential to commercial for this area, that he will also oppose the amendment to the Comprehensive Plan. Wallace stated that she will also vote against the Comprehensive Plan amendment and feels that a commercial development should not be placed in an existing residential neighborhood. Clark stated that he felt the proposed development would be excellent for this area; however, as the neighborhood opposes the proposed development, he will vote against the amendment. Chairperson Scott stated that he feels that the change in land use designation is not a political decision, so popular support is not an appropriate decision criteria. Scott continued and said that the Commission should deal with the planning issues involved rather than the emotional aspects of an /079 Planning & Zoning Commission July 7, 1988 Page 5 1 i issue. Scott complimented both sides for their willingness to stay on track and discuss the issues and not emotion. Scott stated that he does not feel there is an urgent need for additional commercial { zoning to warrant such a radical change in the land use policy for the west side. Scott commented that in regard to other changes in the Comprehensive Plan, that most have dealt with development density and not changes in land use such a residential to commercial. Scott concluded by saying that for these reasons, he could not support the Comprehensive Plan amendment. The notion was defeated, 0-6. 6. Z-8808. Public discussion of a request submitted by William Happel to rezone a 7.34 acre parcel located in the northeast quadrant of the Mormon Trek Boulevard and Benton Street intersection from RS -5 to CO - 1. (45 -day limitation period: extended to July 7, 1988.) Bill Happel made a verbal withdrawal of his requested rezoning at the formal meeting of July 7, 1988. OTHER BUSINESS: 1. Planning and Zoning Commission information. Scott asked for staff assistance to define neighborhood, and revise and tighten up the definition of financial institution in the CN -1 zone, and review the definition of medical clinic to be compatible with the CN -1 zone. Dierks moved to adjourn the Meting. Wallace seconded the motion. The motion carried 6-0. The meeting was adjourned at 8:50 p.m. Minutes submitted by Kyle L. Kritz. i Approved by: Kenneth Cooper, Secretary I 1 /0 ll. 13. 13. 14. RE9ulaa. CouN&L MEEflMq Y:30 P. m. 'PAmse Si9N IN: l! • WARMITAWRI i,079 MINUTES RESOURCES CONSERVATION COMMISSION MAY 9, 1988 MEMBERS PRESENT: Moreland, Throgmorton, Wittig MEMBERS ABSENT: Pelsang, Duffy STAFF PRESENT: Schoenfelder CALL TO ORDER: The meeting was called to order at 7:30 p.m. by Moreland, Chair. APPROVAL OF MINUTES: Minutes of 4/11/88 were approved as submitted. PUBLIC AND MEMBER DISCUSSION: No general public in attendance. Throgmorton outlined the Charlie Williams presentation of April 25, 1988. COMMITTEE REPORTS: a. Waste -to -Energy The discussion focused on the type of work a U of I intern could do to support the RCC. The following three areas were identified: 1. Alternate economic scenarios of the 1986 Stanley Report. 2. Study and/or survey of community acceptance and attitudes for a Waste -to -Energy Facility in Iowa City. 3. Investigate source waste reduction strategies. b. Energy Conservation Week Four grade school posters were selected as the best student work representative of the Energy Conservation Week theme. The four selected were: 1. Horn School; 2nd Grade; Oglesby 2. Longfellow School; 4th Grade; Reynolds 3. Hoover School; 6th Grade; Herren-Wegman 4. Coralville Central; 5th 8 6th; Kent ELECTION OF OFFICERS: Postponed until next meeting in hopes all members are present. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:30 p.m. 100 R 1 r MINUTES SENIOR CENTER COMMISSION MAY 16, 1988 MEMBERS PRESENT: Jack Bock, Gerri Busse, Lorraine Dorfman, Emmett Evans, Dorothy Fiala, Bud Gode, Ruth Wagner MEMBERS ABSENT: Geri Hall, Jean Hood STAFF PRESENT: Bette Meisel, Joyce Phelps GUESTS PRESENT: Jackie Hess, Iva Hilleman, June Pieper, Council of Elders; Dorothy Cheng, graduate practicum student CALL TO ORDER/INTRODUCTIONS/PUBLIC DISCUSSION/MINUTES: Ruth Wagner called the meeting to order in the absence of Hall and Hood. She asked Emmett Evans, new Commissioner, to tell a little bit about his background. Evans said he had been a policeman for 23-1/2 years. After his retirement he worked in the Civil Defense Office. Evans said his wife had retired in January from University Hospitals where she worked in the Medicare sec- tion. They have two children. There was no public discussion. The minutes were approved with an addition regarding the Rose Project. COUNCIL OF ELDERS REPORT: Hilleman reported that they had $140 left in their budget. She said the Council had voted to hire Jeff Crawford to work for four hours at $5.00 an hour to help set up and take down for Older Americans' Day. Hilleman said the program and activities for May 17 were all set. Hilleman said Jackie Hess and June Pieper had been on the Dottie Ray Show talking about Older Americans' Day. Hilleman said there were 12 candidates running for the Council. They are: Bart Bernardini, Robert Berry, Kathlyn Bolken, Charles Fisher, Sylvia Grucza, Mary Anne Herdliska, Elaine and Walter Helm, Jo Hiner, Ken Muller, and Allen and Minnie Roth. Forty-five paid admissions had attended the last evening dance. Hilleman said she felt that attendance was good considering there was a free dance at the Eagles' Club at the same time. Hilleman reported Bernardini had located a dartboard for about $50 which would be installed in the game room soon. June Pieper, President of the Council of Elders, addressed the Commission about a letter she had written to Meisel on behalf of the volunteer Host/Guides. They were concerned about the safety of their purses while MINUTES SENIOR CENTER COMMISSION MAY. 16, 1988 PAGE 2 working at the Host/Guides desk. They were requesting a two -drawer file cabinet, or something similar, to be located near the desk and used as a safe repository for their purses during their work time. There was general discussion which included concerns such as crowding another piece of furniture in that small area, locating it in the storage closet under the stairway, whether it would be locked, and who would be responsible for the key. Meisel pointed out that there were lockers with locks available located in the restroom which might be used for that purpose. Dorfman suggested a locked file cabinet in the unlocked closet, but a question still remained where the key could be safely kept. Pieper said the Host/Guides felt strongly enough about the issue that a petition might be necessary. Gode, Bock and Busse expressed their feeling that it was needed, and Gode suggested obtaining a file cabinet from the County surplus. He said a call to Carol Peters would facilitate this. Dorfman moved that at the close of the meeting, the Senior Center Commis- sion members walk by the area, make a decision at their next Commission meeting, and in the meantime Senior Center staff will check on available file cabinets either from the County or some other source. Wagner sec- onded. The motion carried, all ayes. SENIOR CENTER UPDATE: Meisel passed out a new phone list and monthly statistics. She explained the statistics to Evans. Meisel announced that the Center had received a check for $10,000 from the Edwin Greene Estate. Meisel mentioned that clean-up day at the Senior Center had been more than moderately successful. Twenty-eight volunteers and five staff had washed and oiled all of the wood on the first floor and mezzanine including the dining room. In addition, all of the glass and brass had been cleaned. COST OF SENIOR CENTER PROGRAM: Meisel explained that the staff had met and they were upset, particularly Benz, about all of thetime spent on programs which ended up with "more speakers than audience." It was felt that the publicity in the Senior Center POST and relying on the Iowa City Press -Citizen for a small mention in the weekly calendar were not adequa a pu c y when attempting to atrract the families of older people. MINUTES I SENIOR CENTER COMMISSION MAY 16, 1988 PAGE 3 Meisel cited the recent three-part series on nursing homes as an example. Dorothy Cheng, practicum student, and Benz had worked very hard in order to secure knowledgeable program presenters, and the attendance had not been outstanding, rather it was moderate to poor. This was very disheart- ening. Cheng had gone to the Press -Citizen to obtain costs for a display ad for the final the purchase program h s such anadto see ifeiteaskedrove wouldhelp atte dance. Thispwould be a trial only - if it did not help, it would not be repeated. There was general discussion on this idea and on the "image" people have about the Senior Center and what role it may or may not play in their lives. There was discussion on various reasons they use or do not use the Center, and why they cone or do not come to special programs. Gode moved that if the Senior Center staff feels it is a worthy experi- ment, they should go ahead and buy whichever ad they chose. Dorfman seconded. The motion carried, all ayes. Meisel suggested that as the time was almost 5:00 p.m. that the remaining three items of the agenda be discussed at the next meeting in order for the Commission members to move downstairs and inspect the area for stor- age. Everyone agreed. The meeting adjourned at 4:53 p.m. Minutes prepared by Joyce Phelps, Senior Center Secretary. Minutes approved by Ruth Wagner, Senior Center Commission Secrtary. /OF/ 9 MINUTES BROADBAND TELECOMMUNICATIONS COMMISSION WEDNESDAY, JUNE 22, 1988 - 5:15 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Justis, Hall, Patton, Detroit, Levey MEMBERS ABSENT: None STAFF PRESENT: Shaffer, Helling, Cerretti f i OTHERS PRESENT: John Forrest, Marjorie Strait, John Hess, Linda Waler, a Chuck Scott, Dan Daly and Megan, Stephen Cree, Blough ) RECOMMENDATIONS TO COUNCIL: 4 The BTC recommends that Council authorize the spending of up to $4,000 from the cable TV budget to hire a consultant. The consultant will facilitate the development of the RFP and an evaluation of the RFP responses in regards to the NPO. i SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN: I Justis received a 25 -page evaluation report of community programming by the Center of Social Justice and John Wilder. The report has been turned i over to legal and after further study, discussion will occur at next meeting. The Triannual Review Report will be completed for approval at the July BTC meeting. The NPO/access subcommittee has discussed the need for a consultant(s) to help do the legwork, such as developing an RFP and an RFP evaluation process. Pros and cons were expressed in response to this from the Commissioners along with the public. Shaffer reported six cable -related complaints this month. Blough reported descrambler failures experienced by subscribers are possibly due to the high temps. MEETING CALLED TO ORDER: Meeting was called to order at 5:15 p.m. APPROVE BTC MINUTES: Moved by Hall, seconded by Patton, to approve the April and May 1988 BTC meeting minutes. Unanimously approved with Levey name correction. ANNOUNCEMENTS OF COMMISSIONERS: It was brought up by Paul LeValley that Detroit might want to abstain from voting on any matter pertaining to public access since she may benefit financially from some access related matters. Detroit said her cable - casting of programs on access channels is voluntary, so conditions of grant are met by her video productions. Distribution has nothing to do with her grant funding. Justis received a 25 -page copy of an evaluation report of community programming and the CPC by the Center of Social Justice, dated June 13 by John Wilder. Copies have been made available to some staff members but have not been received by all Commissioners as of yet. He expressed points of major concern, the first being himself named as responsible /08�- Broadband Telecommunications Commission June 22, 1988 Page 2 respondent for the CPC because Mr. LeValley is leaving in one week. Justis noted he is not connected to the CPC in any formal way. Shaffer added that the report has been turned over to legal and Bill Sueppel in legal is in the process of reviewing the report. Justis suggested waiting until a response from legal is received before discussing the matters brought up in the report. John Wilder responded that the report is a confidential one and normal procedure allows 30 days for response (which would be July 13). If more time is needed, he foresaw no problem as long as he was informed of BTC meeting schedules. This report will appear on the next meeting's agenda along with notifying the legal staff in case they want to add a preliminary report for the next meeting. SHORT PUBLIC ANNOUNCEMENTS: Justis announced John Hess is the replacement for Paul LeValley of Heritage and welcomed him. Hess will be the new Community Programming Director. TRIANNUAL REVIEW REPORT: Shaffer stated this report is almost finalized. An introduction by Twaler has been added to the report and is in the typing stage at this time. Hall, prior to meeting, assisted Shaffer in some corrections to the Service Report. Justis noted confusion on page 10 "above." Shaffer noted and agreed. by the next meeting. NPO DISCUSSION: referring to the misuse of the word The report will be ready for approval Detroit and Levey comprised a subcommittee for the NPO to develop stan- dards for RFP. Detroit met with Richard Brass, consultant. It's likely that they will be asking for assistance by a consultant and someone with direct experience with cable companies. Detroit and Levey compiled a three-page list of points of information for the RFP in order to help with legwork. Levey suggested advertising in the Press -Citizen with information of what the NPO is going to be, including RFP related material. She believes this could be one way to reach more public groups. Advertising in newspapers is one way to reach as many people as possible and let them know of the upcoming proposed NPO and changes in access, if any. Detroit asked Hess to supply an inventory list of access equipment in the CPC; when items were purchased by the CPC; and what will stay when the management is transferred. Also, information concerning the lease for the CPC space was requested. Broadband Telecommunications Commission June 22, 1988 Page 3 Detroit commented that she and Levey were hoping that by next month a rough timelime could be ready in order to give the BTC an idea of how NPO related matters could progress over the next few months. Hall asked if other RFPs could be looked at. This way, perhaps less dollars would be spent. Detroit responded that someone like Sue Buske, consultant, who has previous experience with NPOs, would be able to add viable information to the BTC. Detroit commented that the NPO idea may be able to support itself either by user fees, grants or both - so as to be independent of Council dollars in 1994. This may mean a large sum of money may need to be invested initially. Justis expressed concern with the dollar figures involved with the consultant. He reminded everyone that the commission only recommends to the City Council. Dan Daly, on behalf of Access Iowa City and other citizens, would appreciate it if action could be taken quickly on the NPO matter. The franchise is quickly running out and with it a chance to use the existing money to establish an NPO. Hall .asked Shaffer if there was any money available for a consultant and if they needed to ask Council to spend dollars for a consultant. Shaffer responded the BTC would have to make a recommendation for a budget amendment to Council. Helling reinforced Shaffer's statement. Detroit asked when information is needed by Council for possible approval. Helling responded by saying July 6 for the following Council meeting. Shaffer reminded Detroit that if the report was submitted by July 6 to the Council, it wouldn't have been approved by the Commission as of yet. Detroit asked if the Commission would be comfortable giving the go ahead at this point before the next BTC meeting. Detroit explained one consultant's estimate. She estimated the total figure at $2,000-$3,000, but no more than $4,000. Shaffer agreed that using a consultant seems to be the best approach. Detroit proposed the NPO subcommittee send a memo to Council that the BTC is leaning towards developing either a bid or an RFP and would like approval to spend up to $4,000 from the cable budget on a consultant. She would be willing to appear before Council in support of this concept. Justis moved that a member of the subcommittee representing the Commission appear before the City Council, letting them know the intentions of the Commission regarding the NPO and the consultant fees. Seconded by Patton. Unanimously approved by all. Also, the NPO issue will be added to the BTC agenda for next month. r_ Broadband Telecommunications Commission June 22, 1988 Page 4 ARCHIVE SUBCOMMITTEE: None. BTS REPORT: Shaffer introduced two new staff members to the BTC. Joyce Cerretti and Mr. Brett Gordon. He reported six complaints over the last month, one of which has been forwarded to the Legal Department dealing with cable rate changes. Another dealt with the cost of cable burial. There was another complaint about the absence of tornado warnings on cable TV on Mother's Day. A Channel 26 producer complained about variations of levels during the broadcasting of his program and the CPC staff being unwilling to correct these variations. Blough offered to assist in this problem. CPC QUARTERLY REPORT: Will be given in July, 1988 BTC meeting. HERITAGE REPORT: Blough welcomed John Hess. He also commented on how busy Heritage staff has been due to descrambler failures and the heat. Problems with inter- ference with Quad City's station are being taken care of. Blough replied to a question about the status of KRCR. He responded by stating they are technically substandard and the FCC has shut them down in the past. He may draft a letter to KRCR threatening to discontinue service on Heritage Cable unless they improve their quality. VIDEO FOR SPECIAL NEEDS REPORT: Strait reported the survey this subcommittee has been working on should be sent out soon. OTHER PUBLIC DISCUSSION: None. EXECUTIVE SESSION: Moved by Patton that the BTC go into executive session, as outlined in the Iowa open meetings law, Section 21.5, to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. Seconded by Levey. Unanimously approved. _ /p S°2` Broadband Telecommunications Commission June 22, 1988 Page 5 ADJOURNMENT: Moved by Patton, seconded by Levey to adjourn. Unanimously approved. Adjournment at 6:30 p.m. Respectfully submitted, I - f I Drew Shaffer I i i �08� I MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION MAY 18, 1988 MEMBERS PRESENT: Ashby, Blum, Foster, Ockenfels, Lewis STAFF PRESENT: Zehr, Sylvia Steinbach GUEST PRESENT: William Freyburger Chairman Ashby called the meeting to order at 7:00 p.m., and welcomed William Freyburger, candidate for the position of Airport Operations Manager. Ashby proceeded with a series of questions designed to ascertain the background and experience of the candidate as they pertain to the requirements of the position. Freyburger responded to questions about his experience in the maintenance of buildings, groundskeeping, operation and maintenance of heavy equipment, snow removal, servicing of mechanical equipment, and administration of an airport. There was general discussion about the function and operation of the airport. Freyburger said he is very interested in the job and would want to give his present employer two weeks notice of termination. There was no Executive Session. The meeting was adjourned by motion. Recorder: Priscilla Wright /083 A MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION May 24, 1988 MEMBERS PRESENT: Ashby, Foster, Ockenfels, Lewis MEMBER ABSENT: Blum STAFF PRESENT: Wright, Sylvia Steinbach GUEST PRESENT: Charles Dunlap Chairman Ashby called the meeting to order at 7:00 p.m. Attendance and guest were noted. Ashby welcomed Mr. Dunlap, who was present to be interviewed for the Operating Manager position at the airport, and introduced the members and staff. He asked Dunlap to feel at ease and to answer a series of questions which were prepared to ascertain the extent of his background and experience as they pertain to the requirements of the job. He further explained some of those requirements. Mr. Dunlap answered all questions. Other members of the commission expanded upon some of the items discussed. There was no executive session. Mr. Dunlap left the meeting, and it was adjourned by motion at 8:40 p.m. Recorder: Priscilla Wright /08.3 MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION May 25, 1988 MEMBERS PRESENT: Ashby, Lewis, Foster, Ockenfels, Blum (Blum was present for the second session) STAFF PRESENT: Wright, Steinbach GUESTS PRESENT: Garry Letts (First Session) Kevin Reaves (Second Session) Chairman Ashby opened the meeting at 7:05 p.m. He welcomed Gary Letts, candidate for the position of Airport Operating Manager, and introduced the others present. Ashby then proceeded with the standard interview questions regarding the candidate's background and experience in the areas pertinent to the Operating Manager's position. Mr. Letts distributed a packet to each member containing his resume and samples of airport promotion work he has done in the past, to which he referred several times during the course of his responses. The interview being concluded, Mr. Letts departed the meeting and it was recessed at 7:55 p.m. Ashby reopened the meeting at 8:30 p.m. with Kevin Gleaves and Dick Blum present. Ashby addressed the standard series of questions to Mr. Gleaves and the responses were carefully noted by the members. There was no Executive Session. The meeting was adjourned by motion at 9:00 p.m. Recorder: Priscilla Wright / O- I MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION May 26, 1988 MEMBERS PRESENT: Ashby, Foster, Blum, Lewis, Ockenfels STAFF PRESENT: Wright, Steinbach, Sueppel, Zehr GUESTS PRESENT: Ron Kahler (First Session) Ron O'Neil (Second Session) Chairman Ashby opened the meeting at 7:05 p.m. He welcomed Ron Kahler, candidate for the Airport Operating Manager position, and introduced everyone present. Ashby proceeded with the standard set of interview questions. Mr. Kahler showed some pictures of buildings for which he had done electrical and landscaping work, and also samples of some blue prints which he had prepared for various projects. Ashby thanked the candidate for his time and interest, and the meeting was recessed by motion at 7:35 p.m. Chairman Ashby reconvened the meeting at 8:15 p.m., with Fred Zehr and Ron O'Neil present. O'Neil was introduced to those present. He voluntarily waved his previous request for a closed meeting. Ashby addressed the standard set of questions to the candidate. O'Neil's responses were noted by the members. He left a manual, "Housing Inspection Handbook," which he said he had compiled as part of his current employment because it was needed. The interview was concluded and another brief recess was declared by motion at 9:20 p.m. The meeting reconvened at 9:25 p.m. The qualifications and expectations of each candidate for the position of Airport Operating Manager were discussed, in the order in which they were interviewed. Zehr contributed his opinion of the qualifications that will be needed in the next few years. It was decided to call another special meeting of the Commission for Thursday, June 2, at 7:00 p.m., at which time an Airport Operating Manager will be selected. The meeting was adjourned by motion at 9:55 p.m. Recorder: Priscilla Wright /6S3 MINUTES IOWA CITY MUNICIPAL AIRPORT COMMISSION JUNE 2, 1988 MEMBERS PRESENT: Ashby, Foster, Blum, Lewis, Ockenfels STAFF PRESENT: Zehr, Sueppel, Wright GUEST PRESENT: Ron O'Neil Ashby called the meeting to order at 7:10 p.m. Attendance and guests were noted. MANAGEMENT AND MAINTENANCE ISSUES: Ashby called for a report from the committee appointed to review the final applicants for the Airport Operating Manager position. Blum reported the committee would recommend Ron O'Neil, at an annual salary of $25,000. They recommended a nine-month probation period, with a performance and salary review at the end of that time. The committee found the position to be clearly an employee of the Airport Commission and not the City of Iowa •, City. It was moved by Blum and seconded by Foster to offer the position to Ron O'Neil; all members voted aye. There was discussion with O'Neil concerning transfer of benefits and other details of employement. O'Neil accepted the offer and was congratulated by all present. It was stipulated that a letter of agreement would be written and signed. COMMISSION MEMBERS AND PUBLIC INFORMATION AND INPUT: Lewis announced the VFW organization will hold its annual cleanup of Old Jet on June 4. Foster thanked Commissioner Lewis for all the hours of hard work which he. contributed toward the operation of the airport during the interim between managers. It was agreed to send a letter of appreciation to the Iowa City Personnel Department for their assistance in the search for the new manager, and also to the Parks and Recreation Department for sending a mowing crew to the airport. It was decided the next regular meeting would be held on June 21st at 7:00 p.m. ADJOURNMENT: The meeting was adjourned at 8:00 p.m. RECORDER: Priscilla Wright /4 83 6 RESOLUTION NO. 88-161 RESOLUTION TO ISSUE DANCING PERMIT BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that a Dancing Permit as provided by law is hereby granted to the following named person and at the following described locations upon his filing an application, having endorsed thereon the certificates of the proper city officials as to having complied with all regulations and ordinances, and having a valid Class "B" Beer Permit or liquor control license, to wit: Field House, The 6:20 It was moved by AbDTiSCo and seconded by Horowitz that the Resolution as rea e adopted, and upon rol ca t ere were: AYES: NAYS: ABSENT: Ambrisccoo -- X Courtney X Dickson R Horowitz % Larson R McDonald X Strait X Passed and approved this 26th day of July , 19 88 . yor Attest: _2211 4, ) City Clerk 9 RESOLUTION NO. 88-162 A RESOLUTION OF INTENT TO DISPOSE OF A PORTION OF VACATED STREET RIGHT-OF-WAY ADJACENT TO HORACE MANN SCHOOL BY SELLING SAME TO WILLIAM AND DORIS PREUCIL FOR USE IN CONJUNCTION WITH THE PREUCIL SCHOOL OF MUSIC, AND SETTING PUBLIC HEARING THEREON. WHEREAS, Ordinance No. 2271 was passed and approved on December 3, 1963, by the City Council of the City of Iowa City, vacating certain City -owned street right-of-way described as follows: That part of Johnson Street adjacent to the west side of Lot 5 and that part of Fairchild Street adjacent to the south sides of Lots 3 and 4, Block 30, Original Town; and WHEREAS, this City Council now deems that a portion of said vacated street right-of-way is excess City property, suitable for disposition; and WHEREAS, William and Doris Preucil have proposed to purchase a portion of said vacated street right-of-way described as follows: Commencing at the southwest corner of the south 60 feet of Lot 4, Block 30, O.T., Iowa City, Iowa, thence 80' along the south line of said Lot 4 to the southeast corner of said Lot 4, thence south 100', thence west 801, thence north 100' to the place of beginning, and WHEREAS, William and Doris Preucil have agreed to purchase that portion of the above-described vacated street right-of-way for the purchase price of Seven Thousand Dollars ($7,000); and i WHEREAS, the City Council of the City of Iowa City has been advised and does believe that it would be in the best interests of the City of Iowa CIty to consider said proposal for this disposition of said property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the City Council does hereby declare its proposal to dispose of the above-described portion of the City -owned vacated street right-of-way, as described above; and BE IT FURTHER RESOLVED: That the City Clerk be and is hereby authorized, empowered and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. Adopted and approved this 26th day of July, 1988. /09� -2 - It was moved by Ambrisco and seconded by Horowitz the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 26th day of July 1988. ATTEST: L4.) OR 21A r a o Form CITY LERK Legal Department /0 9°Z 0 4- 6 JUL 20 1988 b/I MARIAN K. KARR C RK (3) 33 8 - 6 .SSS a L �� `Jr) ", at04oa�� J U L 20 1988 MARIAN K. KARR CITY CLERK (3) 0�-t�.,L�t-a�-.� tri Cit Nin. 4t vvx �\-4p $ �b �Lt�f�Rn���,��-�p �c..V4.h,.,Q I/�,�J'7'u-W�nJ CtJ•�--��- I� 0 9 Plop JUL 201988 MARIAN K. KARR CITY CLERK (3) /1/5 �A. Iowa City Mayor and City Council We are deeply concerned over the proposed rezoning of the properties on Lower Muscatine Road. We purchased our property at 1815 Deforest knowing it was a single family area and it needs to stay that way. I think you owe it to us to help protect our neighborhood. It seems to us that there is entirely too much rezoning going on in residential areas. Isn't it true that zones are to protect people living in them and not people who buy property and change the zones to benefit themselves? /D93 9 I. -..1 _11 . July 18, 1988 Iowa City City Council Civic Center 410 E. Washington Iowa City, Iowa 52240 Dear Sirs: J111 & Paul VaaDbrpe 1802 0e2atrt Im City, 11 52240 0 k � I JUL 201988 MARIAN K. KARR CITY CLERK (3) We own property within the block of the proposed zoning change on Lower Muscatine Avenue. We have a six-year old son who plays and rides his bicycle in the neighborhood; we also have another son who will also be riding around the block in a few years. When we purchased our property, we knew that it was in a single-family dwelling area. We would like it to remain that way. Changing the zoning on the southwest side of Lower Muscatine Avenue to anything but single-family dwelling will increase the traffic on Lower Muscatine, which, in our opinion, cannot handle the existing traffic adequately! We are not in favor of spot -zoning in residential areas, especially in the unusual neighborhood that we live in: Lutheran Social Service across from our home (driveway on Sycamore); the Sycamore Mall generates a lot of traffic on Sycamore; Hardees on Lower Muscatine generates some traffic to and from their drive down DeForest; semi -trailer trucks on DeForest (going to and from the Mall, Hardees, and Randalls). The traffic on Lower Muscatine is heavy enough with traffic to and from the Mall, Hardees, and neighboring businesses. We would not like to see it increase with additional traffic to and from any business or multiple unit dwelling on the southwest side of Lower Muscatine anywhere north of the existing Mall/Randalls complex. "Single-family dwelling zones should be for the purpose of creating neighborhoods; spot -zoning, such as that proposed, is not desirable or conducive to preserving our neighborhood. Please preserve our neighborhood and DO NOT change the zoning away from single-family dwellings ONLY. Thank you. Sincerely, J ell Paul VenDorpe (319/338-5095) g 93 JUL 2 0 1988 MARIAN K. KARR CITY CLW MARIAN K. KARR CITY CLERK (3) 1;0./2.,o� A�_ Ag Ito 1� c ZZ y� �y yiv ZJ1 Z, , A w JUL 211988 MARIAN K. KARR CITY CLERK 3) r � (� �.' 1 nom- '� p Q O MOB \1 O JUL 211988 D V MARIAN K. KARR CITY CLERK (3) /0 90 aut� I JUL 21 1988 9T MARIAN K. KARR CITY CLERK (3) P IEp bleyor and City Council July 17, 1988 J U L 2 01988 Iowa City, Iowa MARIAN K. KARR RE: Proposed Firearms Range CITY CLERK (3) Dear Ilayor and Council Iiembers: We are unable to attend the next Council meeting where the above issue will be discussed. Therefore, we are submitting this letter and would like it to become part of the record for that meeting. We are opposed to the building and operation of an outdoor firearms range anywhere on or near the city landfill. We live with our two small children about one mile south of the landfill on the southern side of Rohret Road. You are no doubt familiar with the application by Iowa City on behalf of Iowa City's and 3 other local police forces. Our opposition to the landfill has to do with the following factors: 1) XgiM -- Located only 2 miles west of Iformon Trek, this is an area of open, gently rolling hills with few trees. Therefore, sounds carry quite far. The landfill is located on one of the highest pieces of ground, and can be seen and heard for a surprising distance. Since we can hear the trucks at the landfill (beeping, banging, engine noise), we are certain we would hear gunshots. This will be bad during the busy daylight hours, but will be particularly imresive in the early morning, evening and night hours. We do not want to be subjected to hearing gunfire anytime, day or night. 2) Safety -- This area is much more densely populated and more used than most people imagine. We invite you to take a drive out here at your earliest convenience and see for yourselves. You will count approximately 78 residences (with 54 more planned at Southwest Estates) which are within a 2 mile radius of the landfill, on its south side alone. There are also many joggers, bicyclists and walkers from all over the west side of town who exercise along Rohret Road in the relative peace and quiet of the close -in countryside. According to people familiar with firearms, some handguns, such as 38 Specials, 22's and others, can be lethal at distances of up to i or more miles. While we realize that at this time officers plan to shoot south to north, and that ricochets don't travel the same distance as a straight shot, some slight danger may still exist for people on Rohret Road. We do not want to live with even that remote risk. We hope you will agree that even the slightest danger of injury to people or livestock from a stray bullet should prevent the building of an outdoor range anywhere within several miles of residences, grazing land, and roadways used by the public. 3) property Velues -- For the very reasons stated above, we would never consider buying a home within several miles of an outdoor firing range. Would you? We can't imagine many who would. Thus, the building of such a range will instantly devalue our property. Since we boughtthis house only last fall, we would stand to lose a substantial sum. The option of moving to escape the noise and potential danger therefore does not exist for us, and any future sale would likewise force us to take a major loss. And we are only one among at least 70-80 other families who will be thus affected. Does the potential loss to these residents mean nothing to the police department9 The City seeks to avoid paying overtime to officers traveling to Cedar Rapids to use their outdoor range on the occasions when their indoor, in -town range is not sufficient. We don't know the exact figure for the police overtime, but it cannot be comparable to the property devaluations which will occur if current plans for the firing range are approved. 4) Necessity for such a facility -- Given the availability of an outdoor range in Cedar Rapids, a mere 36 minute drive from Iowa City, as well as a downtown indoor range and one in nearby West Liberty, one must question whether having another range in the environs of Iowa City is truly necessary, or simply "nice to have". b) Overburdening one part of town with public service facilities -- This area already has the city dump (euphemistically referred to as the "landfill") the HMX Raceway, and the model airplane flying field (both located at the landfill). We're therefore already bearing a large share of the burden for noisy and unsightly public services. These facilities already detract from our property values and the quality of life in this part of town; the firing range would destroy them completely. 6) Zoning -- According to land records, the landfill site is to be converted to a park when the permit for the landfill expires. Putting an outdoor firing range at a public park seems inconsistent (not to mention dangerous). If another firing range is in fact, truly necessary, then please find a way for a]1 the people to bear the costs. Alternatives to the proposed facility include: a) paying the overtime for travel to Cedar Rapids; b) finding a different site 1n a less populated area; or c) making a commitment to a first class indoor range which would employ skylights and/or special lights to simulate outdoor lighting conditions. Even if this means a tax increase or reapportionment of other funds, it is certainly more fair and will still produce the desired end without penalizing any one group of people more than others. It should also be noted that currently estimated building costs for the project may be underestimated (they usually are), and projected savings exaggerated. In consideration of the above factors, please help us preserve what remains of the peaceful character of this area. Please deny unequivocally the application for an outdoor firing range at the landfill. Sincerely, za JUL 201988 Diana Thrift a Witold Krajewski, Ph.D. RR N3, Box 266 (Rohret Rd.) MARIAN K. KARR Iowa City, Iowa 62240 CITY CLERK (3) /0954 2 t City of Iowa city MEMORANDUM Date: July 15, 1988 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Stop Sign on Davenport at Van Buren As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer will direct the change from a YIELD sign to a STOP sign on Davenport Street at its intersection with Van Buren Street. This action took place on July 15, 1988. COMMENT: The intersection of Van Buren Street and Davenport Street is the intersec- tion of two residential streets. In 1981, yield signs had been installed so as to cause traffic on Davenport Street to yield to traffic on Van Buren Street. This action had been taken to improve the accident experience at the intersection. There has been a short-term improvement in the accident experience at the intersection; however, during the last two years, the accident experience has increased to levels greater than the accident experience prior to 1981. The conversion from a yield to a stop sign should reduce the accident experience at this intersection and the action was taken at the time of the discovery of the current accident i experience. I bj/pc2 0aaI JUL 151988 MARIAN K. KARR CITY CLERK (3) _ �d ys- 9 City of Iowa City MEMORANDUM Date: July 15, 1988 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Stop Sign Installation on Court Street at Scott Boulevard As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer has directed the installation of stop signs at Court Street and Scott Boulevard so as to cause traffic on Court Street to stop prior to entering Scott Boulevard. This action was taken to protect the right-of-way of Scott Boulevard and was made at the time of the opening of the new portion of Scott Boulevard. COMMENT: This action is consistent with the City's policy of protecting the right- of-way of arterials and collectors in its street system. bj/pc2 I t E N JUL 151988 MARIAN K. KARR CITY CLERK (3) /096 a N City of Iowa City MEMORANDUM Date: July 15, 1988 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Stop Sign Installation on Lower West Branch Road at Scott Boulevard As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer has directed the installation of stop signs at Lower West Branch Road and Scott Boulevard so as to cause traffic on Lower West Branch Road to stop prior to entering Scott Boulevard. This action was taken to protect the right-of-way of Scott Boulevard and was made at the time of the opening of the new portion of Scott Boulevard. COMMENT: This action is consistent with the City's policy of protecting the right- of-way of arterials and collectors in its street system. bj/pc2 i J U L 15 1988 MARIAN K. KARR CITY CLERK (3) 1097 Y City of Iowa City MEMORANDUM Date: July 15, 1988 To: Honorable Mayor and City Council From: James Brachtel, Traffic Engineer Re: Stop Sign Installation on Washington Street at Scott Boulevard As directed by Section 23-16 of the Municipal Code of Iowa City, this is to advise you of the following action: ACTION: Pursuant to Section 23-160 of the Municipal Code of Iowa City, the City Traffic Engineer has directed the installation of stop signs at Washington Street and Scott Boulevard so as to cause traffic on Washington Street to stop prior to entering Scott Boulevard. This action was taken to protect the right-of-way of Scott Boulevard and was made at the time of the opening of the new portion of Scott Boulevard. COMMENT: This action is consistent with the City's policy of protecting the right- of-way of arterials and collectors in its street system. bj/pc2 PREM JUL 151988 MARIAN K. KARR CITY CLERK (3) 9 NIIICE of PUBLIC WMN3 Notice is hereby given that a public hearing will be held by the City Council of Ias City, Iowa, at 7:30 p.m. on the 26th day of July, 1988, in the Council Chaobers of the Civic Center, Iowa City, (;n Iowa, on the following items: an ordinance to rezone fmn CI -1 to CC -2 a 1.8 acre tract located at 1421 Waterfront Drive. 2. An ordinance to amend the Zoning Ordinance to permit food lockers in the CC -2 zone. Copies of the proposed ordinances are on file for public examination at the Office of the City Cleric, Civic Center, Iowa City, Iowa. Persons wishing to for City councitheir lim considderation before aor to doption Sthesee ordinances should appear at the hearing. WRIPN K. KU, CITY CLEW, ORDIWNCE NO. AN CR'WWE l44WING THE ZONING ORDINANCE BY GANGING THE USE REGULATTCNS OF CERTAIN PNOPM LOCATED AT 1421 VATFFFTitIT RTIYE. plocated at 1421 ropeis rty in zeroed CI?l, NIntsa°sive Cwmrcial Zone; and WBEASS, the Carpr'eheasive Plan shows the Propertythe boundary of an area designated for general camercial land uses to the north and i intensive cormercial land uses to the south; and E WEREAS, the i gui for lard detiel anPlan besiainterpreted with flexibility at the boundaries of designated uses to allow appropriate transitions between such areas; and VifRFAS, the property is Part of an established cannercial area, srmourded on three sides by the CC -2, Cmmnity Comercial Zane; and WfREAS, the CC -2 zone would perndt develapmat campatible with surrounding land use patterns, and stabilize the area closet to U.S. Highway 6 for general coommial uses. N1r1,THEfUM, BE IT ORCAM By Tif Crn CCitCR. OF THE Cm OF ICii4 CITY, IOkA: SECTIOI I. IaliN: easw+sur That the property described below is herffiy reclassified frmn its present classification from CI -1 to CC -2: Camaotng as a point of referaca at the Northeast Corner of the Smithest Warter of Section 15, TW"hiP 79 North, Range 6 Vest of the 5th Principal Meridian, Johnson Corny, be; 1l ideO f rr Smith a tl,20' East along the Lot Wedadd 1,329. font to the Northeast Comer of Gaermt lot 4 (this is an assumed bearing for Purposes of this descrip- tion only); thecae continuing South 00.21'20" East, 759.00 feet along the Easterly lire oP said Goverment lot 4 to a point; thence South 89'35'09" Vest, 56.48 feet, to a point on the Centerline of Haterfrvnt Drive (fonmer'ly Said Road), and the Point of Begiming; thence South 04'26'40" East, along said Centerline, 60.79 feet; thence Smith 89'35109" West, 272.93 feet; Ow" North 00.13101" West, 40.00 feet; thence North 17'36'11" West, 20.92 feet; thence North 00'23'46" Nest, 283.12 feet; these North 89'56'23" East, 235.25 feet; thenoe South 22'54'36" East, 71.83 feet; thence South 04'26'40" East, 170.06 feet, to the Point of Beginning. Said tract contains 1.608 apps, we or less, and is Wect to easeoarhs and restric- tions of record. //0A., Ordinance No. Page 2 2411 i Imo: All ordinances and parts of ordinam in conflict with the provisions of this i ordinance are hereby repealed. SEC'U% IiI avcoR : If aqy section, provi- sion or part of the Ordinance shall be adjudged to be invalid or uiconstitutional, such adjudication shall not affect the validity of the ordinance as a s whole or any section, Provision or part thereof not adjudged invalid or ucanstitutioml. S�CIION IV EFFE(TruF raa; This ordinance shall be in effect after its final passage, approval and Publication as required by law. Passed and approved this M4YCR Alproved as to Form a , La ry Legal t STAFF REPORT To: Planning & Zoning Commission Item: Z-8809. 1421 Waterfront Dr. GENERAL INFORMATION: Applicant: Gay's Locker Company 1421 Waterfront Drive Iowa City, Iowa 52240 Phone: 337-2167 Prepared by: Barry Beagle Date: July 7, 1988 Requested action: Purpose: Location: Size: Existing land use and zoning: Surrounding land use and zoning: Contact Person: Michael Gay Rezoning from CI -1 to CC -2 To permit commercial redevelop- ment of the property. South of U.S. Highway 6 on the west side of Waterfront Drive. 1.808 Acres Conforming and non -conforming commercial uses and non- conforming industrial use; CI - 1. North - Commercial; CC -2. South - Vacant; CI -1. East - Commercial; CC -2. West - Commercial; CC -2. Comprehensive Plan: Intensive Commercial. File date: June 10, 1988. 45 -day limitation period: July 25, 1988. BACKGROUND: Gay's Locker Company has operated a slaughter house and food locker at 1421 Waterfront Drive since 1918. A portion of the 11,078 sq. ft. building was also devoted to retail food sales. Priorto the adoption of the 1983 Zoning Ordinance, the property was zoned M-2, Heavy Industry which literally permitted any use as of right with the exception of residential uses. With the adoption of the new Zoning Ordinance, the property was reclassified to CI -1, Intensive Commercial Zone. Under the CI -1 zone, food lockers continue to be a conforming use with the slaughter house and retail food sales portions having become non -conforming uses. Page 2 On May 10, 1988, a substantial portion of Gay's Locker Company's main building was destroyed by fire. Left intact was the slaughter area with the food lockers and retail food sales portions being completely destroyed. A separate smoke house and shed also remain standing. The applicant plans to rebuild and re-establish each of the previous uses including an expanded retail area. The matter was referred to the Zoning Code interpretation Panel to determine what uses may be re-established. (See attached memo.) The Panel determined that the slaughter area may continue if left unaltered (enlarged or relocated) as a non -conforming use. The applicant is proposing to incorporate the slaughter area into the new building without enlarging or relocating it. The food lockers may be re-established as a conforming use in the CI -I zone. The Panel determined, however, that an expanded retail area would not be permitted since retail uses per se are not permitted in the CI -1 zone. To remedy this situation, the applicant proposes to rezone the site of Gay's Locker Co. from CI -1 to CC -2 to allow the establishment of an expanded retail area. The present slaughter house use would continue as a non -conforming use in the CC -2 zone if left unaltered. Food lockers, however, are not permitted in the CC -2 zone. Accompanying this request is a proposed ordinance amendment that would permit food lockers as of right in the CC -2 zone. The proposed rezoning of the 1.808 acres from CI -1 to CC -2 is dependent upon the passage of the ordinance amendment. NALYSIS: In considering the appropriateness of a rezoning request, two factors which need to be evaluated are 1) its consistency with the land use policies of the Comprehensive Plan for the generalarea, and 2) the land use relationships established through the rezoning. The following is an evaluation of both factors. Comprehensive Plan: The Comprehensive Plan presents general areas and stages of land use based upon the adoption of certain policies. It is through the zoning map that the Comprehensive Plan is implemented by designating specific uses and densities of use possible on any particular site. The short- and long-range development plans indicate the subject 1.808 parcel is located in an area south of U.S. Highway 6 that is encouraged to develop for commercial purposes. Specifically, the plan designates a strip along the south side of U.S. Highway 6 as encouraged to develop for general commercial uses with the remaining area to the south intended for intensive commercial land use. The site is located at the boundary of these two land use areas. The Comprehensive Plan is intended as a general guide for land development and may be interpreted with flexibility at the boundaries of designated uses to allow appropriate transitions between such areas. As such, an amendment to the Comprehensive Plan in this case should not be required. Based upon surrounding land use patterns, the proximity of the site to U.S. Highway 6, and the location of the site at the boundary of two land use areas, CC -2 zoning is consistent with the land use policies of the Comprehensive Plan for this area. 1/D01_ Page 3 Land Use Relationships: The impact of the proposed rezoning on neighboring properties, considering all the uses permitted in the zone, must be taken into consideration. The site is part of an established commercial area offering a variety of commercial services and uses ranging from general retail businesses and restaurants to business service and wholesale establishments. Generally those properties with exposure to or in close proximity of U.S. Highway 6 provide general retail conveniences to the general public. Surrounding land uses include Aldi food store to the west, Hy -Vee food store to the east and Carlos O'Kelley's restaurant to the north. These properties are presently zoned CC -2 and surround the site on three sides. The rezoning of this site would permit development compatible with adjacent CC -2 zoned properties and stabilize the area close to U.S. Highway 6 for general commercial uses. Economic Impact: Gay's Locker Co. estimates the value of reconstruction to be approximately $300,000. The previous structure had an assessed value of $57,400. At a current City levy of $11.54919/$1,000 of assessed valuation, the new building would generate approximately $3,465 in taxes annually, for about an increase of $2,802 over the previous building. In addition, the applicant anticipates an increase in the number of full-time employees by two to three persons, and an increase in part-time employees by two persons. The proposed reconstruction does not require the commitment of public funds and services beyond those presently available to the site. STAFF RECOMMENDATION: The staff recommends approval of the request to rezone a 1.808 -acre parcel located at 1421 Waterfront Drive from CI -1 to CC -2. ATTACHMENTS: 1. Location Map. 2. Zoning Code Interpretation Panel M orandu . Approved by: D nal c meiser, Director Department of Planning and Program Development //D z LEGAL DESCRIPTION REZONING APPLICATION GAY LOCKER COMPANY A portion of'the SW -1/4 of Section 15, Township 79 North, Range 6 West Commencing as a point of reference at the Northeast Corner of the Southwest Quarter of Section 15, Township 79 North, Range 6 West of the Fifth Principal Meridian, Johnson County, Iowa; Thence South 0.21120" East along the Easterly line of Government Lot 4 extended 1,329.6 feet to the Northeast Corner of Government Lot 4 (This is an assumed bearing for purposes of this description only); Thence continuing South 0.21'20" East, 759.00 feet along the Easterly line of said Government Lot 4 to a point; Thence S89.35'09"W, 56.48 feet, to a point on the Centerllnc of Waterfront Drive (formerly Sand Road), and the Point of Beginning; Thence SO4.26140"E, along said Centerline, 60.79 feet; Thence 589'35'09"W, 272.93 feet; Thence N00.13'04"W, 40.00 feet; Thence N17'36'11"W, 20.92 feet; Thence N00.23'46"W, 238.12 feet; Thence N89.56'23"E, 235.25 feet; Thence S22 -54'36"E, 71.83 feet; Thence SO4-26'40"E, 170.06 feet, to the Point of Beginning. Said tract contains 1.808 Acres, more or less, and is subject to casements and restrictions of Record. //Oo2 a NOTICE OF RELIC Ii MNS Notice is hereby given that a public hawirg will be held by the City Council of Iowa City, Iowa, at 7:30 p.m. on the 26th day of July, 1988, in the Council Chambers of the Civic Center, Ias City, Iowa, on the following iters: I. M ordinance to rezone frau CI -1 to CC -2 a 1.8 acre tract located at 1421 Waterfront Drive. An ordinance to Mend the Zoning Ordinance to Permit food lockers in the CC -2 zone. Copies of the proposed ordinances are on file for Public examination at the Office of the City Clerk, Civic Center, Iowa City, Iowa. Persons wishing to make their views knan or to suggest danges for City Council consideration before adoption of these ordinances should appear at the hearing. M4RMN K. K4W, CIT! CLER( 9 alllWICE ho. OMIW&E M MW TW PIDYISICW OF TW CC -2, CC1d4 M CRUCIAL ZX To ALLOW Foto LOMM AS A PEFHrrO 11SE. WEDS, the CC -2, Cournnity Cogemial Zone, is intended to provide for a variety of retail establishments and services which serve a mk* segment of the total cammanity Population; and WHOM, food lockers are establishnads primarily engaged in renting locker space for the storage MEM, food products for individual households; anMEM, food lockers are consistent with the intent of the CC -2 zone, and are cmpatible with other retail establidnmU and services allawed in the CC -2 zone. NOW, TFFAEFi11E, BE IT RESOLVED BY lif CIlY MKIL OF IQN CITY: U4i I. aDEM VIS. That Section 36.19(b) of the Code of Ordinances stall be areded by inserting the following new subsection: (2.1) Food lodes. SE0101 II. .80M. All ordinances and parts of adinarces in eormflict with the provision of this ordinance are herety repealed. SMCN III. ttynnaan rn If aW section, provision or part of the Ordinnm shall be ad)4W to be invalid or urcanstitutiaral, such ad)udication shall not affect the validity of the ordinamoe as a whole or aniy section, provision or part thereof not adjudged invalid or unconstitutional. SECTION rv. rrnR rna, This adinmarcs shall be in effect after its final passage, approval and publication as required by law. Passed and appoad this Appoved as to Form #0o / N ■ City of Iowa City MEMORANDUM Date: May 17, 1988 ii To: Steve At-ki-fis':, is From: Dan m is Re: Gays Locker and Meat Market The Zoning Code Interpretation Panel met on May ,16 to consider the ques- tion of whether the subject business, which consists of two or more uses, may re-establish any or all of the uses recently destroyed in a fire. After reviewing a letter from Mike Gay (attached to this memorandum) and some discussion, it was resolved by the Panel that thr business may be reconstructed on the subject property. The property on which the subject business is located, is zoned CI -1, Intensive Commercial zone. In conjunction with the present business, there is a slaughter area and a smoke house which were not destroyed by the fire. These activities constitute a Slauohter house use which is prohibited anywhere in Iowa City; however, since this use presently exists and was not destroyed by the fire, it may exist unaltered as a non- conforming use. The food lockers may be rebuilt as a conforming use in the CI -1 zone. The retail portion of the business,'which was destroyed in the fire, may not be re-established if it constitutes a principal use and the portion of the building containing this use was destroyed by more than 100% of its value. The Panel ivas led to believe, however, that the retail use portion of the business is an accessory use to the food locker and slaughter house uses. Mr. Gay has indicated in his letter that he wishes to expand the retail portion of the business. Retail uses per se, including food sales, are not permitted in the CI -1 zone. It is questionable whether the retail use may be expanded beyond what existed prior to the fire, particularly if it is considered an accessory use to the slaughter house portion of the business; non -conforming uses may exist for perpetuity provided they are not enlarged or expanded. It would also appear to the Panel that the establishment did not comply with the 20 foot setback requirement. Depending on the amount of destruc- tion by the fire, the building may have to be rebuilt in compliance with this requirement. Mr. Gay should be encouraged to reveal his plans for reconstruction/re- establishment of his business as soon as possible so that resolution of these questions/concerns can be made. If you have any questions or are in need of additional information, please do not hesitate to contact me. tpl/I r �'W`KER _RKET 1421 WetbArnnt Drive. low@ City. IA Steve Atkins Manager, City of Iowa City Civic Center Iowa City, IA 52240 Dear Steve, In regard to our conversation on Friday, I would briefly like to explain our plans regarding the rebuilding of Gay's Locker 6 Meat Market. The fire that took the main part of the building on Tuesday the 10th of May totally destroyed the processing and retail areas of our building. The remaining parts of the original building that still stand include the slaughter arca and the smokehouse. Both of these areas are of no use without the rest of the related areas. It is our intention to rebuild a new building attached to the remaining areas. This new building will include a larger retail area and a processing area that will in all probability be smaller than the area was in the past. The reason for the larger retail area is to serve the increased retail trade that we have enjoyed since we returned to retail about four years ago. This was in the plans before the fire. The processing area however does not need to be the size it was before due to the decrease in custom processing. This by no means is an indication that we intend to drop the custom processing, nor did we intend to in our plans before the fire. With the nearest locker plant being Solon to the north and Riverside to the south we still enjoyed many good steady customers as far away as Muscatine, Williamsburg, West Liberty, and Cedar Rapids. in these times when the Chamber is looking to the outlying communities for the retail and service trade I feel that the rebuilding of our plant at its former location will be an asset to the conmunity. Thank you in advance for your serious consideration in this matter and if there is any thing I can do or information that you need to speed up the City in its decision in this matter feel free to call tre at any time. Sincerely, Ike�/ y ll%� Vice -President Gay's Locker G Meat Market 1421 Waterfront Dr. Io;a City, Iowa 52240 cc: John McDonald, Pat Grady Iml- 'c, i City of Iowa City MEMORANDUM Date: June 30, 1988 To: Planning and Zoning Commission From: Barry Beagle, Associate Planner L� Re: Proposed CC -2 Amendment The proposed ordinance amendment includes food lockers as a permitted use in the CC -2, Community Commercial Zone. Food lockers are establishments engaged in the renting of locker space for the storage of food products for individual households. This use is consistent with the intent of the CC -2 zone to provide for a variety of retail establishments and services which serve a major segment of the total community population. In addition, food lockers should be compatible with other retail establishments and services as allowed in the zone. bdw4-8 Enclosure Approved by i Donald Schm ser, Director Department of Planning and Program Development //0fl- 9 OPDIWWCE ND. AN ORDIWWCE NWING THE ZCNAG ORDIWWCE BY LD WGING THE USE REGULATIONS OF Cff1AIN PROPERTIES LOCATED AT 1807, 1809, 1813, 1819, 1825 AND 1831 LONER MSOATINE "D FIM RS -5 TO RS -8. across WORS, the street properties described below are Mich have Bevel from properties zoned CC -2 and aped for camercial proposes; and MUDS, traffic generated by those canmercial establishnents affects this lav density single- family residential neighboftod ore than other nearby neighboriaods zoned RS -5; and WREAS, it is appropriate to allow the properties to be used for median density single- family residential uses as a result of their oposure to activities associated with adjacent ccoercial uses. NON,THERUW, BE IT OAA4INED BY RE CITY COICIL OF THE CITY OF IDA CITY, IDA: SECTION I. ZONING A43UM That the properties described below are hereby reclassified frau their present classification of RS -5 to RS -8: Lots 6, 7, 8, 9 in Marion Subdivision (1813, 1819, 1825, 1831 Loner Muscatine Road). Tract 2 as shorn in Plat Book 11, Page 83 (1809 Lower Muscatine Road). Begin at Intersection C/L RD & N -S I Section Line S 360.72 feet Elly 367.9 feet to Beginning Ex Tracts 1&2 PB 11-83 All in Section 14-79-6, (1807 Lower Muscatine Road), SECTION II. ZCNIW, MCP. The Building Inspector is hereby authorized and directed to drags the zoning map of the City of Iowa City, Iowa, to conform to this arendnent upon final passage, approval and Publication of this Ordinance as provided by law. SECTION IIICERTIFICATICN NSD kbijjING, The City Cleric is hereby authorized and directed to certify a copy of this Ordinance which shall be recorded at the Office of the County Recorder of a*= axey, Iowa. MS ICN IV. REPEAJ . All ordinances and parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. SECTION V. SEVERABILITY. If arty section, provision or part of this Ordinance shall be acjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION VI. EFFECTIVE Oq This Ordinance shall F in effect after its final passage, approval and publication as required by law. DEFEATED /ioG ml� Ordinance No. Page 2 Passed and approved this M4YOR ATTEST: CITY CLEW Approved as to Farm 9A- 7- y-,fj Lega epartment It was moved by and seconded by the Ordinance as read e a op e , and upon roll ca ere were. that AYES: NAYS: ABSENT: Amb risco Courtney Dickson Horowitz Larson McDonald Strait First Consideration _ 7/P6/88 Vote for passage: Ayes: None. Nays: Courtney, Horowitz, Larson, McDonald, Ambrisco. Absent: Dickson, Strait. Second Consideration Vote for passage: Date published OROIN410E NO. ORDINANCE VACATING A PORTION OF BLO 41MTCN AND CAPITOL STREETS. "E the City of Iowa City and the Univer- sity of Iowa have agreed to jointly develop a park - Ing facility, a water storage tank, and a chiller plant on Block 100, Original Tam; and "JTAS, construction of this project wi require the vacation of a strip along Capitol St t for tual placement of the facility and vacati of a P ion of Bloomington Street to facilitate as - tri traffic and underground utilities or the joint facility; and the properties abutting a rights- of-way are amed by the University of Iae and access any private Property will not be dimin- ishol by acation of said portions said streets, COUVCILNOF llf CITY IOWA CITY. BY THE CITY SECTI I. VACATION. at the City of Iowa City e y vaca es ose p tions of Bloomington and Capitol s reets 1 11 --w Y cribed below: All that rt of 81 ington Street right-of- way from east to line of Lot 6, Block 100, Original T to We west right-of-way line of Capitol St t, Tso, the ,rest 10 feet of the Capitol St t -of -way; and, The east 10 of the west 20 feet of Capitol Street from the south right-of-way line of Davenport reet tended to the center of the Blooming St right-of-way. This descr1 10 feet 'es to the east of the 10 feet *Width vacat by Ordinance No, 56-(535) Secti 9. SEC II• REPEALE ' All ordinances and parts o nances n con ct with the provision of this ordinance are hereby led, ION III. SEVERABILI : If any section, prov, on or pa o e na a shall be adjudged to invalid or unconstitutiona such adjudication sha 1 not affect the validity of a Ordinance as a 4 le or any section, provision part thereof not a judged invalid or unconstI ution . SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final sage, approval and publication as required by law. Passed and approved this R \ ATTEST: CITY CLERK MPr v o Legal DeparUwt /�O?/ 1107 RESOLUTION NO. 88-163 RESOLUTION RESCINDING PRIOR RESOLUTION NO. 82-234 AND PROVIDING FOR AN AMENDMENT TO THE FEE SCHEDULE FOR SIGN ERECTORS LICENSES AND SIGN PERMITS BY AUTHORIZING A MAXIMUM PERMIT FEE FOR BANNER SIGNS. WHEREAS, the City of Iowa City regulates the construction and placement of signs by licensing sign erectors and by requiring permits for the erection i of signs; and WHEREAS, pursuant to Section 36-64 of the Code of Ordinances of the City Of Iowa City, Iowa, the fee for sign erectors licenses and the fee for sign permits were set by the City Council by Resolution No. 82-234; and WHEREAS, it has been proposed that the said fee schedule be amended to provide for a maximum permit fee of $40 for banner signs. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE i CITY OF IOWA CITY, IOWA that prior City Council Resolution No. 82-234 be and the same is hereby rescinded in its entirety. AND BE IT FURTHER RESOLVED that the following fee schedule for sign erectors licenses and sign permits be established: 1. Fees for sign erectors licenses shall be as follows: Commercial sign erectors license fee shall be fifty dollars per year and said license shall expire on December 31, following date of issuance. The yearly renewal fee for said license shall be fifteen dollars. One-time sign erectors licenses shall be free to a tenant or owner of a structure or premises on which the sign is to be erected. A one- time sign erectors license shall expire 30 calendar days following issuance. 2. Fees for erecting new signs and for altering, improving, or convert- ing existing signs shall be as follows: Sign permit $0.80 per square foot Minimum fee $10.00 i Maximum fee for a banner sign $40.00 Governmental agencies shall be exempt from the sign erectors license fees and from the sign permit fees required herein; provided, however, that said agencies will be required to pay the actual cost incurred by the City of Iowa City in inspecting and approving signs. ///3 j It was moved by Ambrisco and seconded by Courtney Resolution be adopte , an upon ro call there were: c AYES: NAYS: ABSENT: xAmbrisco x Courtney _x x Dickson k_x Horowitz _x Larson McDonald i X Strait Passed and approved this 26th day of July ATTEST: the 1988 ' JIrOR Ap7dom CIT CLQ � Legal Department 1113 RESOLUTION NO. 88-164 RESOLUTION AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF FY89 LANDFILL EXCAVATION PROJECT WHEREAS, Barkers, Inc. of Iowa City, Iowa has submitted the best bid of $116,260.16 for the construction of the above-named project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF IOWA CITY, j IOWA: t; 1. That the contract for the construction of the above-named project is hereby awarded to Barkers Inc. of Iowa City, Iowa subject to the condition that awardee secure adequate performance bond, insurance certificates, and contract compliance program statements. 2. That the Mayor is hereby authorized to sign and the City Clerk to attest the contract for the construction of the above-named project, subject to the condition that awardee secure adequate performance bond, yy insurance certificates, and contract compliance program statements. It was moved byAmbrisco and seconded by Horowitz that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson X McDonald X Strait Passed and approved this 26th day of July, 1988. J MAYOR ATTEST:_/i�Q,,tiJ CITY CLERK P V D 0 FORM Legal Department 9 ADVERTISEMENT FOR BIDS FY89 LANDFILL EXCAVATION PROJECT Sealed proposals will be received by the City Clerk of the City of Iowa City, Iowa, until 10:30 a.m. on the 19th day of July, 1988, and opened immediately thereafter by the City Engineer. Proposals will be acted upon by the City Council at a meeting to be held in the Council Chambers at 7:30 p.m. on July 26, 1988, or at such later time and place as may then be fixed. The work will involve the following: Excavate material, stockpile and shape as required. 137,000 cubic yards. All work is to be done in strict com- pliance with the plans and specifications prepared by Francis K. Farmer P.E., City Engineer of Iowa City, Iowa, which have heretofore been approved by the City Council, and are on file for public exami- nation in the office of the City Clerk. Whenever reference is made to the "Standard Specifications", it shall be the "Standard Specifications for Highway and Bridge Construction", Series of 1984, Iowa Department of Transportation, Ames, Iowa. Each proposal shall be completed on a form furnished by the City and must be accompanied in a sealed envelope, separate from the one containing the proposal, by either of the following forms of bid secu- rity: 1) a certified or cashier's check drawn on a solvent Iowa bank or a bank chartered under the laws of the United States or a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, in an amount equal to 10% of the bid, or 2) a bid bond executed by a corporation authorized to contract as a surety in the State of Iowa, in a penal sum of 10% of the bid. The bid security shall be made payable to the TREASURER OF THE CITY OF IOWA CITY, IOWA, and shall be forfeited to the City of Iowa City as liquidated damages in the event the successful bidder fails to enter into a contract within ten (10) days and post bond satisfactory to the City insuring the faithful performance of the contract and maintenance of said work, if required, pursuant to the provisions of this notice and the other contract documents. Checks of the lowest two or more bidders may be AF -1 I retained for a period of not to exceed fifteen (15) days until a contract is awarded or rejection is made. Other checks will be returned after the canvass and tabulation of bids is completed and reported to the City Council. Payment to the Contractor will be made as specified in the "Standard Specifications", Article 1109.06. The successful bidder will be required to furnish a bond in an amount equal to one hundred percent (100%) of the contract price, said bond to be issued by a respon- sible surety approved by the City Council and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind caused by the operation of the contract, and shall also guarantee the maintenance of the improvement for a period of zero (0) year(s) from and after its completion and acceptance by the City. The following limitations shall apply to this project: Working Days: 40 Completion Date: September 23, 1988 Liquidated Damages:$150 per day The plans, specifications, and proposed contract documents may be examined at the Office of the City Clerk. Copies of said plans and specifications and form of pro- posal blanks may be secured at the Office of Francis K. Farmer, P.E., City Engineer of Iowa City, Iowa, by bona fide bidders. Return all plans and specifications to the City Engineer's office in good condition within fifteen (15) days after the opening of the bids. Prospective bidders are advised that the City of Iowa City desires to employ minor- ity contractors and subcontractors on City projects. The Contractor awarded the contract shall submit a list of proposed subcontractors along with quantities, unit prices and amounts before starting construction. If no minority business enterprises (MBE) are utilized, the Contractor shall furnish doc- umentation of all efforts to recruit MBE's. A listing of minority contractors is available and can be obtained from the Civil Rights Specialist, at the Iowa City Civic Center, by calling 319/356-5022. By virtue of statutory authority, AF -2 /11f L preference will be given to products and provisions grown and coal produced within the State of Iowa, and to Iowa domestic labor, to the extent lawfully required under Iowa Statutes. The Iowa Reciprocal Preference Act (SF 2160) applies to the contract with respect to bidders who are not Iowa residents. The City reserves the right to reject any or all proposals and to waive technical- ities and irregularities. Published upon order of the City Council of Iowa City, Iowa. MARIAN KARR,"CIT" CLERK AF -3 /irk RESOLUTION NO. 88-165 RESOLUTION APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, AN AGREEMENT BETWEEN THE CITY AND STANLEY CONSULTANTS, INC. FOR THE PROVISION OF VALUE ENGINEERING, FACILITIES PLAN UPDATE, AND ENVIRONMENTAL REVIEW SERVICES, ALL IN CONNECTION WITH THE WASTEWATER TRANSPORTATION FACILITIES IMPROVEMENTS PROJECT. WHEREAS, the City of Iowa City, Iowa, has undertaken a comprehensive project to improve its wastewater transportation and treatment facilities; and WHEREAS, in order to qualify for available Federal grant funding for the construction of the wastewater transportation (sewer) improvements portion of said project the City is required to update the facilities plan for the said wastewater transportation facilities, to do value engineering in designing said facilities, and to conduct an environmental review thereof; and WHEREAS, Stanley Consultants, Inc. has proposed to provide said services to the City of Iowa City pursuant to terms of the 'Engineering Professional Services Agreement' attached hereto and made a part hereof; and WHEREAS, the City Council has been advised and does believe that it would be in the best interests of the City of Iowa City to execute and enter into said Agreement with Stanley Consultants, Inc. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the "Engineering Professional Services Agreement" attached hereto and made a part hereof is hereby approved as to form and content. AND, BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, said Agreement for and on behalf of the City of Iowa City, Iowa. A/-5� -2 - It was moved by Ambrisco and seconded by Larson the Resolution be adopte , an upon ro call there were: AYES: NAYS: ABSENT: —x Ambrisco —x Courtney _X Dickson Horowitz x— Larson —� McDonald X Strait Passed and approved this 26th day of July 1988. ATTEST iAP r e aTr ` Form ! i.< ► j N ENGINEERING PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made on _ July 26 , 1988, between City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTANT). CITY intends to employ CONSULTANT to provide Value Engineering, Facilities Plan Update and Environmental Review for the Wastewater Transportation Facil- ities Improvements, Iowa City, Iowa (hereinafter called "Project"). CITY and CONSULTANT agree: 1. Scope of Services. CONSULTANT shall perform professional services as stated in the Scope of Work (EXHIBIT 1 attached). 2. Compensation. CITY shall compensate CONSULTANT for CONSULTANT's services in the amount of $21,200 due at completion of the value engineering study and report, $44,000 due at completion of the facilities plan update and environmental review report. 3. Terms and Conditions. CONSULTANT shall provide professional ser- vices in accordance with the terms and conditions stated in EXHIBIT 2. IN WITNESS WHEREOF, the parties below have executed this AGREEMENT as of the day and year first written above. CITY OF IOWA CITY, IOnWA Address for giving notices: 410 East Washington Street Iowa City, Iowa 52240 STANLEY CONSULTANTS, INC. By: Address for giving notices: Stanley Building Muscatine, Iowa 52761 ///S ■.. EXHIBIT 1 E SCOPE OF WORK I. Value Ennineerine: The Scope of Work pertains to the performance of value engineering studies relative to the design of the Wastewater Transportation Facilities for Iowa City, Iowa, which include the South Plant Outfall Sewer; Southeast Interceptor Snyder Creek Segment and Ralston Creek Segments I and II, Benton Street Interceptor and the Sludge Force Main, The study will basically consists of one Value Engineering Study followed by an oral presentation to City staff. Summaries and recommendations evolving from the study will subsequently be incorporated into a written report. This study and report will meet the requirements set forth by the Environmen- tal Protection Agency for Step III grant applications as specified in Supple- ment No. 12 of the EPA/State delegation agreement. Specific work tasks which will be performed during the study are identified as follows, in order of sequence. A. Team Coordinator will gather, collect, collate information, and distribute to team members. B. The study period will last for approximately 40 hours and will con- sider general concepts, system location, and approaches to specific design criteria. Four value engineering team members will parti- cipate for portions of the workshop. C. Subsequent to this study, additional information will be gathered by the team members and a written report reflecting the results of the study will be prepared and submitted. CONSULTANT's senior engineers and consultants will review this information prior to its submittal to the CITY. D. Team Coordinator and selected team members will be available to advise the CITY on implementation of report recommendations, E. Team Project Manager will coordinate the overall administration of the project. II. Facilities Plan Update The specific projects being considered for grant funding include the follow- ing: A. Outfall Sewer from the South Wastewater Treatment Plant. B. Snyder Creek Section of the Southeast Interceptor. C. Benton Street Interceptor. D. Sludge Force Main between the North and South Wastewater Treatment Plants. E. Ralston Creek Sections of the Southeast Interceptor. Specific work tasks for the Facilities Plan Update include the following: 1/1.6'— A. Meet with CITY personnel to discuss the proposed projects and to obtain available information, maps, and reports. i B. Review existing Facilities Plan reports which were completed in the 1970s. C. Review Metcalf b Eddy (M&E) reports for information regarding the Outfall Sewer, Southeast Interceptor, Benton Street Interceptor, and Sludge Force Main. D. Contact applicable departments within IDNR and, as required, other regulatory agencies. E. Summarize service areas, flows, and interceptor sizing. F. Identify the original Facilities Plan and current plan locations and sizes for the proposed projects. Identify differences between the original and current projects and discuss why changes were made. C. Prepare a brief document that includes text, maps, and graphics to assist IDNR in review of the project and to provide information for the public hearing. This report will include the major facility plan requirements such as the following: 1. Wastewater flows and characteristics 2. Existing system 3. Existing environmental setting 4. Alternatives 5. Impact assessment 6. Selected plan The anticipated approach will involve identifying in the existing Facilities Plan and M&E reports where information can be found in detail. A brief summary of this information will be included in the update report. Because the sludge force main was not included in the original facilities plan, the justification of this project will be obtained from the M&E reports. This will include a summary of why Iowa City is using the two plant concept instead of one plant. N. Summarize existing cost estimates for the proposed projects and identify the grant eligible portions. I. Develop a milestone schedule for implementation of the proposed projects. J. Write a preliminary report including text and graphics. K. Meet with CITY personnel to review the report. L. Attend the public hearing that will be held by Iowa City. A summary of the hearing and responses to questions raised at the hearing will be made. 6 ///-5-- a M. Finalize the Facilities Plan Update report and include any appli- cable comments from the public hearing. N. Submit the Facilities Plan Update to IDNR for their review. 0. Respond to any comments from IDNR. A meeting with IDNR may be re- quired to expedite their review. P. Complete required forms for EPA Step III grant funding request and construction permit applications. III. Environmental Review The Environmental Review of the proposed projects will be incorporated into the Facilities Plan Update. The Scope of Services for the Environmental Review includes the following: A. Review existing Facilities Plan and M&E reports for available j information that is applicable to the current projects. B. Contact appropriate agencies such as IDNR, the State Historical Preservation office, and the State Archeologist to obtain updated information. CONSULTANT shall provide an archeological survey. C. Summarize the environmental setting including the following: 1. Physical elements (topography, geology, and soils). 2. Hydrologic elements (groundwater and surface water). 3. Biological resources (vegetated areas, aquatic habitat, and endangered species). 4. Cultural elements (parks and recreational facilities, histori. cal sites, archeological sites, and land use). D. Make an impact assessment of the proposed improvements. The impact assessment will make a comparison to the no -action alternative which would be a description of the future environmental setting without the projects. Anticipated environmental concerns will include wet- lands, flooding/flood plain considerations, water quality impacts, wildlife habitat loss or alteration, impact to aquatic organisms, historical concerns, air/noise quality impacts, and potential for secondary development. E. Prepare a preliminary report including text and graphics to be incorporated into the Facilities Plan Update. F. Meet with CITY personnel to review the impact assessment, G. Attend the public hearing conducted by CITY personnel. A summary of the meeting and responses to specific questions will be made. ///-5-- a H. Finalize the Environmental Review incorporating any comments re- ceived during the public hearing. t_.._._—,._... .... _. 1. CITY'S RESPONSIBILITIES E 1.1 Name CITY's representative with authority to receive information and transmit instructions for CITY. 1.2 Provide available information pertinent to project, upon which CONSUL. TANT may rely. 1.3 Arrange for access by CONSULTANT upon public and private property as required. 1.4 Provide services necessary for project but not within scope of CONSUL- TANT's services. 2. PERIOD OF SERVICE 2.1 CONSULTANT is not responsible for delays due to factors beyond its control. 2.2 Service shall start when contract is signed and be completed with sub- mittal and acceptance of all reports by the CITY. 3. COST ESTIMATES 3.1 Cost Estimates. Since CONSULTANT has no control over cost of labor, materials, equipment or services furnished by others, over contractors' methods of determining prices, or over competitive bidding or market condi- tions, its estimates of project construction cost will be made on the basis of its employees' experience and qualifications and will represent their best judgment as experienced and qualified professionals, familiar with the con. struction industry. CONSULTANT does not guarantee that proposals, bids, or actual construction cost will not vary from its estimates of project cost. 4. GENERAL 4.1 Termination. 4.1.1 Either party may terminate obligation to provide further services upon twenty days' written notice, after substantial default by other party through no fault of terminating party. 4.1.2 CITY may terminate CONSULTANT's obligation to provide further services upon twenty days' written notice. In such event, progress payments due CONSULTANT for services rendered, plus unpaid reimbursable expenses shall constitute total compensation due. 1115— n 4.2 Reuse of Documents. 4.2.1 All tangible items prepared by CONSULTANT are instruments of service and CONSULTANT retains all copyrights. CITY may retain copies for reference, but reuse on another project without CONSULTANT's written consent is pro. hibited. CITY will indemnify CONSULTANT, its employees, agents, and consul. tants against claims resulting from such prohibited reuse. Said items are not intended to be suitable for completion of this project by others. 4.2.2 Submittal or distribution of items in connection with project is not publication in derogation of CONSULTANT's rights. 4.3 Controlling Law. Agreement shall be governed by Iowa law. 4.4 Successors and Assigns. 4.4.1 The parties bind themselves, their successors, and legal representa- tives to the other party and to successors and legal representatives of such other party, in respect to all covenants and obligations of agreement. 4.4.2 Neither party shall assign, sublet, or transfer any interest in agree- ment without written consent of the other, provided CONSULTANT may employ such independent consultants, associates, and subcontractors as it may deem appropriate after approval by the CITY. 4.4.3 Nothing in agreement shall be construed to give any rights or benefits to anyone other than parties. 4.5 Separate Provisions. If any provisions of agreement shall be held to be invalid or unenforceable, remaining provisions shall be valid and binding. 4.6 Waiver. No waiver shall constitute a waiver of any subsequent breach. 4.7 Warranty. 4.7.1 CONSULTANT shall use reasonable care to reflect requirements of appli- cable laws, rules, or regulations or about which CITY specifically advises in writing, which are in effect on date of agreement. CONSULTANT INTENDS TO RENDER SERVICES IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS, BUT NO OTHER WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH SUCH SERVICES. CITY's rights and remedies in this agreement are ex- clusive. 4.8 Period of Repose. Any applicable statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued not later than completion of services to be performed by CONSULTANT. 4.9 Indemnification. CONSULTANT will indemnify CITY against claims for bodily injury and for damage to tangible property that are result of negligent error, omission, or act of CONSULTANT. 4.10 Extent of Agreement. Agreement represents entire agreement between parties and may be amended only by written instrument signed by both parties. 4.11 Payment. 4.11.1 If CLIENT fails to make payment within forty-five days after receipt of statement, interest at maximum legal rate or at rate of 12%, whichever is less, shall accrue, and in addition, CONSULTANT may, after giving seven days' written notice, suspend services until it has been paid in full all amounts due it. City of Iowa City MEMORANDUM TO: Steve Atkins FROM: Chuck Schmadeke and Rick Fosse DATE: July 21, 1988 RE: Federal Construction Grant Funding of Sewer Projects The Department of Natural Resources (DNR) has indicated that a portion of the 1989 federal construction grant money has been earmarked for Iowa City. This grant would pay for 55% of the construction cost of eligible items contained in the sewer projects that will be bid this winter. We estimate that this grant could total $3,000,000.00. To become eligible for this grant we must comply with the requirements set forth by the DNR and EPA. The most substantial requirements are listed below: 1. Update the Facility Plan. 2. Perform an Environmental Review. 3. Perform a Value Engineering Study. 4. Incorporate selected recommendations of the Value Engineering Study into the.project plans. 5. Revise the project specifications to comply with EPA requirements. The attached agreement with Stanley Consultants is for the Facility Plan Update, Environmental Review and Value Engineering Study. Stanley Consultants has been selected because in our opinion, they are the best qualified and most experienced firm to provide these services. In addition, the firm selected must not have had any involvement with the design of any portion of the project. This requirement eliminates the involvement of any local firms. The consent decree imposed by the DNR requires that construction begin by March 15, 1989, but the grants program will not pay for construction completed before we have met the herein stated requirements to become eligible. Therefore, timely completion of the various elements necessary to become eligiblo to insure that we will receive the maximum grant possible is essential. No federal money is available for engineering services. ///5— 9 ENGINEERING PROFESSIONAL SERVICES AGREEMENT THIS IS AN AGREEMENT made on 1988, between City of Iowa City, Iowa (CITY) and Stanley Consultants, Inc. (CONSULTANT). CITY intends to employ CONSULTANT to provide Value Engineering, Facilities Plan Update and Environmental Review for the Wastewater Transportation Facil- ities Improvements, Iowa City, Iowa (hereinafter called "Project"). CITY and CONSULTANT agree: 1. Scope of Services CONSULTANT shall perform professional services as stated in the Scope of Work (EXHIBIT 1 attached). 2. Compensation. CITY shall compensate CONSULTANT for CONSULTANT's services in the amount of $21,200 due at completion of the value engineering study and report, $44,000 due at completion of the facilities plan update and environmental review report. 3. Terms and Conditions. CONSULTANT shall provide professional ser- vices in accordance with the terms and conditions stated in EXHIBIT 2. IN WITNESS WHEREOF, the parties below have executed this AGREEMENT as of the day and year first written above. CITY OF IOWA CITY, IOWA By: Address for giving notices: 410 East Washington Street Iowa City, Iowa 52240 STANLEY CONSULTANTS, INC, By: /jiGf�ST'�1� Address for giving notices: Stanley Building Muscatine, Iowa 52761 EXHIBIT 1 SCOPE OF WORK I. Value Engineering The Scope of Work pertains to the performance of value engineering studies relative to the design of the Wastewater Transportation Facilities for Iowa City, Iowa, which include the South Plant Outfall Sewer; Southeast Interceptor Snyder Creek Segment and Ralston Creek Segments I and II, Benton Street Interceptor and the Sludge Force Main. The study will basically consists of one Value Engineering Study followed by an oral presentation to City staff. Summaries and recommendations evolving from the study will subsequently be incorporated into a written report. This study and report will meet the requirements set forth by the Environmen- tal Protection Agency for Step III grant applications as specified in Supple- ment No. 12 of the EPA/State delegation agreement. Specific work tasks which will be performed during the study are identified as follows, in order of sequence. A. Team Coordinator will gather, collect, collate information, and distribute to team members. B. The study period will last for approximately 40 hours and will con- sider general concepts, system location, and approaches to specific design criteria. Four value engineering team members will parti- cipate for portions of the workshop. C. Subsequent to this study, additional information will be gathered by the team members and a written report reflecting the results of the study will be prepared and submitted. CONSULTANT's senior engineers and consultants will review this information prior to its submittal to the CITY. D. Team Coordinator and selected team members will be available to advise the CITY on implementation of report recommendations. E. Team Project Manager will coordinate the overall administration of the project. II. Facilities Plan Update The specific projects being considered for grant funding include the follow- ing: A. Outfall Sewer from the South Wastewater Treatment Plant. B. Snyder Creek Section of the Southeast Interceptor. C. Benton Street Interceptor. D. Sludge Force Main between the North and South Wastewater Treatment Plants. E. Ralston Creek Sections of the Southeast Interceptor. Specific work tasks for the Facilities Plan Update include the following: I A. Meet with CITY personnel to discuss the proposed projects and to obtain available information, maps, and reports. B. Review existing Facilities Plan reports which were completed in the 1970s. C. Review Metcalf 6 Eddy (M6E) reports for information regarding the Outfall Sewer, Southeast Interceptor, Benton Street Interceptor, and Sludge Force Main. D. Contact applicable departments within IDNR and, as required, other regulatory agencies. E. Summarize service areas, flows, and interceptor sizing. F. Identify the original Facilities Plan and current plan locations and sizes for the proposed projects. Identify differences between the original and current projects and discuss why changes were made. C. Prepare a brief document that includes text, maps, and graphics to assist IDNR in review of the project and to provide information for the public hearing. This report will include the major facility plan requirements such as the following: 1. Wastewater flows and characteristics 2. Existing system 3. Existing environmental setting 4. Alternatives 5. Impact assessment 6. Selected plan The anticipated approach will involve identifying in the existing Facilities Plan and M6E reports where information can be found in detail. A brief summary of this information will be included in the update report. Because the sludge force main was not included in the original facilities plan, the justification of this project will be obtained from the M6E reports. This will include a summary of why Iowa City is using the two plant concept instead of one plant. H. Summarize existing cost estimates for the proposed projects and identify the grant eligible portions. I. Develop a milestone schedule for implementation of the proposed projects. J. Write a preliminary report including text and graphics. K. Meet with CITY personnel to review the report. L. Attend the public hearing that will be held by Iowa City. A summary of the hearing and responses to questions raised at the hearing will be made. ///.5- 9 M. Finalize the Facilities Plan Update report and include any appli- I cable comments from the public hearing. N. Submit the Facilities Plan Update to IDNR for their review. j0. Respond to any comments from IDNR. A meeting with IDNR may be re- iquired to expedite their review. . P. Complete required forms for EPA Step III grant funding request and construction permit applications. III. Environmental Review The Environmental Review of the proposed projects will be incorporated into the Facilities Plan Update. The Scope of Services for the Environmental Review includes the following: A. Review existing Facilities Plan and M&E reports for available information that is applicable to the current projects. B. Contact appropriate agencies such as IDNR, the State Historical Preservation Office, and the State Archeologist to obtain updated information. CONSULTANT shall provide an archeological survey. C. Summarize the environmental setting including the following: 1. Physical elements (topography, geology, and soils). 2. Hydrologic elements (groundwater and surface water). 3. Biological resources (vegetated areas, aquatic habitat, and endangered species). 9 4. Cultural elements (parks and recreational facilities, histori- cal sites, archeological sites, and land use). D. Make an impact assessment of the proposed improvements. The impact assessment will make a comparison to the no -action alternative which would be a description of the future environmental setting without the projects. Anticipated environmental concerns will include wet- lands, flooding/flood plain considerations, water quality impacts, wildlife habitat loss or alteration, impact to aquatic organisms, historical concerns, air/noise quality impacts, and potential for secondary development. E. Prepare a preliminary report including text and graphics to be incorporated into the Facilities Plan Update. F. Meet with CITY personnel to review the impact assessment. C. Attend the public hearing conducted by CITY personnel. A summary of the meeting and responses to specific questions will be made. ///S H. Finalize the Environmental Review incorporating any comments re- ceived during the public hearing. EXHIBIT 2 ! STANDARD TERMS AND CONDITIONS I 1. CITY'S RESPONSIBILITIES 1.1 Name CITY's representative with authority to receive information and transmit instructions for CITY. i 1.2 Provide available information pertinent to project, upon which CONSUL- TANT may rely. 1.3 Arrange for access by CONSULTANT upon public and private property as required. 1.4 Provide services necessary for project but not within scope of CONSUL- TANT's services. 2. PERIOD OF SERVICE 2.1 CONSULTANT is not responsible for delays due to factors beyond its control. 2.2 Service shall start when contract is signed and be completed with sub- mittal and acceptance of all reports by the CITY. 3. COST ESTIMATES 3.1 Cost Estimates. Since CONSULTANT has no control over cost of labor, materials, equipment or services furnished by others, over contractors' methods of determining prices, or over competitive bidding or market condi- tions, its estimates of project construction cost will be made on the basis of its employees' experience and qualifications and will represent their best judgment as experienced and qualified professionals, familiar with the con- struction industry. CONSULTANT does not guarantee that proposals, bids, or actual construction cost will not vary from its estimates of project cost. 4. GENERAL 4.1 Termination. 4.1.1 Either party may terminate obligation to provide further services upon twenty days' written notice, after substantial default by other party through no fault of terminating party. 4.1.2 CITY may terminate CONSULTANT's obligation to provide further services upon twenty days' written notice. In such event, progress payments due CONSULTANT for services rendered, plus unpaid reimbursable expenses shall constitute total compensation due. ///15— a 4.2 Reuse of Documents. 4.2.1 All tangible items prepared by CONSULTANT are instruments of service and CONSULTANT retains all copyrights. CITY may retain copies for reference, but reuse on another project without CONSULTANT's written consent is pro- hibited. CITY will indemnify CONSULTANT, its employees, agents, and consul- tants against claims resulting from such prohibited reuse. Said items are not intended to be suitable for completion of this project by others. 4.2.2 Submittal or distribution of items in connection with project is not publication in derogation of CONSULTANT's rights. 4.3 Controlling Law. Agreement shall be governed by Iowa law. 4.4 Successors and Assigns. 4.4.1 The parties bind themselves, their successors, and legal representa- tives to the other party and to successors and legal representatives of such other party, in respect to all covenants and obligations of agreement. 4.4.2 Neither party shall assign, sublet, or transfer any interest in agree- ment without written consent of the other, provided CONSULTANT may employ such independent consultants, associates, and subcontractors as it may deem appropriate after approval by the CITY. 4.4.3 Nothing in agreement shall be construed to give any rights or benefits to anyone other than parties. 4.5 Separate Provisions. If any provisions of agreement shall be held to be invalid or unenforceable, remaining provisions shall be valid and binding. 4.6 Waiver. No waiver shall constitute a waiver of any subsequent breach. 4.7 Warranty. j 4.7.1 CONSULTANT shall use reasonable care to reflect requirements of appli. cable laws, rules, or regulations or about which CITY specifically advises in writing, which are in effect on date of agreement. CONSULTANT INTENDS TO RENDER SERVICES IN ACCORDANCE WITH GENERALLY ACCEPTED PROFESSIONAL STANDARDS, BUT NO OTHER WARRANTY IS EXTENDED, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH SUCH SERVICES. CITY's rights and remedies in this agreement are ex- clusive. 4.8 Period of Repose. Any applicable statue of limitations shall commence to run and any alleged cause of action shall be deemed to have accrued not later than completion of services to be performed by CONSULTANT. 4.9 Indemnification. CONSULTANT will indemnify CITY against claims for bodily injury and for damage to tangible property that are result of negligent error, omission, or act of CONSULTANT. 4.10 Extent of Agreement. Agreement represents entire agreement between parties and may be amended only by written instrument signed by both parties. //4 ! 4.11 Payment. 4.11.1 If CLIENT fails to make payment within forty-five days after receipt of statement, interest at maximum legal rate or at rate of 126, whichever is r less, shall accrue, and in addition, CONSULTANT may, after giving seven days, written notice, suspend services until it has been paid in full all amounts t due it. E 9 RESOLUTION N0. 88-166 RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS, AND IN THE ALLEYS IN BLOCK 100, ORIGINAL TOWN ADDITION. WHEREAS, the City Council of the City of Iowa City has determined that the City is in need of additional storage capacity for potable water in the vicinity of its Water Treatment Plant at 330 North Madison Street; and WHEREAS, the Iowa State Board of Regents has determined that the Univer- sity of Iowa is in need of a parking garage and chilled water facility to YN service its North Campus, which facility is to be located upon University- owned property and City-owned street right-of-way in and adjacent to a block of property immediately adjacent to the City's Water Treatment x Plant; and Gi F' WHEREAS, City and University staff members did engage in an engineering study which demonstrated the feasibility of developing a University F parking and chilled water facility and a City water storage facility as a single, combined use facility on the site proposed by the University; and WHEREAS, City and University staff members have negotiated and prepared an Agreement addressing the design, construction, ownership, and operation of such a facility, the allocation of design and construction costs therefore between the City and the University, the conveyance of certain temporary and permanent interests in property from the City to the University, and the conveyance of certain permanent interests in property from the University to the City; and WHEREAS, pursuant to said Agreement, the City will be required to convey to the University: 1. fee title to a vacated 10' wide strip of Capitol Street adjacent to the facility; 2. fee title to a 24.5' wide strip of vacated Bloomington Street on the i north side thereof adjacent to the facility; 3. fee title to a 24.5' wide strip of vacated Bloomington Street on the south side thereof adjacent to the Chemistry/Botany Building; 4. fee title to that portion of the East-West alley right-of-way in Block 100, Original Town Addition, lying East of the west line of Lots 2 and 3 in said block; 5. a temporary construction easement in a 20' wide strip of Capitol Street adjacent to the facility; 6. a temporary construction easement in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying between the facility and the City Water Treatment Plant; 1116 ■ Page 2 7. a 10' wide easement for University utilities in vacated Bloomington Street, at a location to be approved by the Public Works Director; 8. an easement for a 20' wide fire lane in vacated Bloomington Street, at a location to be approved by the Public Works Director; and 9. an easement for a fire lane in the City Water Treatment Plant drive, located on Lots 6 and 7 in Block 100, Original Town Addition, lying E between the facility and the City Water Treatment Plant; and s WHEREAS, the City is required by law to declare by resolution its inten- tion with respect to the disposition or conveyance of City -owned property, and to give public notice thereof and hold a public hearing thereon before disposing of such property. NOW, THEREFORE, BE AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that this City Council does hereby declare its intent to execute and enter into the said Chapter 28E Agreement with the University of Iowa, thereby committing itself to the disposition and j conveyance of properties and interests in properties as set forth above and as outlined in the said Chapter 28E Agreement, a copy of which is attached hereto and made a part hereof. AND BE IT FURTHER RESOLVED that a public hearing on said proposal be and is hereby scheduled during the regular meeting of the City Council on August 9, 1988. AND BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause Notice of Public Hearing to be published as provided by law relative to the proposal hereinabove set forth. It was moved by Courtne and seconded by Ambrisco the Resolution be adopte and upon rol call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney X Dickson X Horowitz X Larson i X McDonald X Strait Passed and approved this 26th day of July 1988. ""g'7 ATTEST: " /' AprZlEorm.. ATTEST:�uj X : �, /216.1. - CITY CLERK Legal Department 6 CHAPTER 28E AGREEMENT Between the City of Iowa City and The University of Iowa Providing for the Development, Use, Occupancy Management and Operation of a Parking Garage and Chilled Water Facility and a Water Storage Facility E Witnesseth: WHEREAS, the Iowa State Board of Regents has determined that the University of Iowa is in need of aarkin P g garage and chilled water facility to service its North Campus, which facility is to be located upon University -owned property and City -owned street right-of-way in and adjacent to a block of property immediately adjacent to the City's Water Treatment Plant; and WHEREAS, the City Council of the City of Iowa City has determined that the City is in need of additional storage capacity for potable water in the vicinity of its Water Treatment Plant at 330 North Madison Street; and i iWHEREAS, City and University staff members did engage in an engineering study which demonstrated the feasibility of developing a University parking and chilled water facility and a City water storage facility, j which facilities will be constructed by the University under a single contract or set of contracts on the site proposed by the University; and WHEREAS, City and University staff members negotiated and prepared this Agreement addressing the design, construction, ownership, and operation of such facilities and the allocation of design and construction costs there- fore between the City and the University. 6 2 NOW, THEREFORE, the City of Iowa City (hereinafter "the City") and the I' State Board of Regents, acting on behalf of the University of Iowa (hereinafter "the University") do hereby agree as follows: d f Part I - Joint Exercise of Powers Under Cha ter 28E of the Code of Iowa. I. Pursuant to Chapter 28E of the 1987 Code of Iowa, the parties do hereby agree that the purpose of this Agreement is to jointly exercise their respective powers to finance, develop, construct, own, j operate and manage a public improvement, to -wit, facilities for the parking of vehicles, the generation of chilled water for cooling ibuildings, and a nominal one million gallon storage tank for potable water supply, hereinafter referred to as "the facilities." 2. The Vice President for Finance and University Services of the University of Iowa or her designee shall be designated as the administrator for purposes of this Agreement as provided by Section 28E.6 of the Code of Iowa, and the Vice President or her designee shall administer the contracts for the design and construction of the facilities. 3. The development and construction of the facilities shall be jointly financed by the City and the University as provided in Part II hereof, and the operation and management of the facility shall be jointly funded by them as provided in Part III hereof. 4. The facilities shall be constructed and located upon the property described in Exhibit A hereto which is property owned in part by the N K University and in part by the City of Iowa City, that the City -owned property involved shall be conveyed to the University of Iowa as provided in Part II hereof, subject to certain rights and interests reserved and granted to the City of Iowa City as provided in Part II hereof. The parties further agree that the City's water storage facility shall be constructed as part of the facilities on that portion of the property described in Exhibit A. Part II - Development and Construction of Combined Use Facility. I. Contracts for the Design and Construction of the Facilities. The parties hereby agree that the University will contract for the design and construction of the facilities. The plans and specifica- tions incorporating the design of the facilities will be in substantial conformance with the preliminary conceptual design prepared by Herbert Lewis Kruse & Blunck Architecture, the University's project consultant and architect, as set forth in their feasibility study, dated February 24, 1988, which is incorporated herein by reference. 2. City's Review and Approval of Plans and Contribution of its Share of Design Costs. The City shall have the right to review and approve that portion of the plans, specifications, form of contract, and estimate of costs having to do with the water storage facility, such determination of approval to be given within fifteen (15) days of submission of same. 4 If the final design of the water storage facility as reflected in the plans and specifications is in substantial conformance with the preliminary conceptual design, or is otherwise acceptable to the City, and if the estimate of costs for construction of the City's water storage facility is in substantial conformance with the preliminary estimate of $550,000 developed in conjunction with the feasibility study, then in that event the City shall be required to approve same within ten (10) days from submission thereof to the City by the University. The estimate of costs shall separately identify the estimated cost to construct the University's chilled water facility and parking garage, and the City's water storage facility. Upon City's approval of said design, the City shall be obligated to pay its share of the design costs incurred by the University. The University shall, from time to time appropriate to the progress of the project, submit to the City itemized applications for payment and supporting documents substantiating the expenditure by the University, and the City shall promptly reimburse the University the portion of the University's costs which are attributable to the water storage facility. The City's share of costs for the design, construction bidding and negotiating, preparation of bid documents, and construction observation by the project consultant and architect for the water storage facility portion of the facilities shall not exceed $45,400.00. 6 f 3 5 University's Competitive Bid Process. The University agrees that, after it has approved the plans and specifications, form of contract, and estimate of costs pursuant to Chapter 262 of the Code of Iowa, it will secure a bid or bids for construction of the facilities. The University will have sole responsibility for the competitive bid and contract award process, which process shall be conducted in conformance with Iowa State Board of Regents rules and procedures governing such matters. After bids are received and opened, the University shall furnish the City with a tabulation of all bids received. 4. University's Award of Construction Contract City's Costs. The parties agree that the University will accept a bid or bids for construction of the facility and will take appropriate action on the bid or bids in accordance with the rules and procedures of the Iowa State Board of Regents. The parties hereby understand that the City . has agreed to a maximum dollar commitment on the construction costs Of $550,000, exclusive of any extra work orders pertaining to the water storage facilities. If the dollar value of the work pertaining to the water storage facility exceeds the City's maximum dollar comnitment,the City may review the bid and determine whether it desires to proceed with the construction. If it elects not to proceed with the construction project, the City may terminate this agreement as set forth in Section III, subsection 2 and will be liable to the University for 6 7 the reasonable costs associated with the redesign and rebidding of the project to eliminate the water storage facility from the project. ° 5. City's Obligation to Contribute its Share of Construction Costs and to Convey Property and Easements to the University University's Obligation to Convey Easements to the City. The City agrees that, upon the University's award of a contract or contracts for construction of the facilities, including the City's water storage facility, the City shall be obligated to contribute to the University a sum equal to the bid price of the construction bid accepted, multiplied by the City's construction cost share percen- tage, said sum to be paid in payments as provided in Section 6. The City further agrees that, upon the University's award of a contract or contracts for construction of the facilities, or for construction of the parking and chilled water facility only, the City shall be obligated to convey to the University the following interests in the following properties: (a) fee title to the East 10' of the West 20' of Capitol Street from the South line of Davenport Street to the North lien of Bloomington Street, vacated pursuant to City Ordinance No. 88- (b) fee title to the North 24.5' of the vacated portion of Bloomington Street adjacent to the facility, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, 1116 A 7 Block 100, Original Town Addition (East line of City Water Plant property) and the West line of Capitol Street; (c) fee title to the South 24.5' of the vacated portion of Bloomington Street adjacent to the Chemistry/Botany Building, vacated pursuant to Ordinance No. 88- , lying between the West line of Lot 3, Block 100, Original Town Addition (East line Of City Water Treatment plant property) and the West line of Capitol Street; (d) fee title to that portion of the East-West alley right-of-way in Block 100, Original Town Addition, lying East of the East line of the North-South alley in said block; (e) a temporary construction easement in the East 10' of the West 30' of Capitol Street, lying immediately East of that portion of Capitol Street vacated pursuant to Ordinance No. 88 - from the South line of Davenport Street to the North line of Bloomington Street; (f) a temporary construction easement in the North-South alley in Block 100, Original Town Addition, reserving to the City an unrestricted right of access thereto; (g) a 10' wide utility easement for the installation and maintenance of University chilled water lines in vacated Bloomington Street, from the West line of Capitol Street to the West line of Lot 3, Block 100, Original Town Addition; 9 8 (h) an easement for a 20' wide fire lane in vacated Bloomington Street, from the West line of Lot 3, Block 100, Original Town Addition to a point ' East thereof; (i) an easement for a fire lane in the North/South alley in Block 100, Original Town Addition, lying between the facility and the City Water Treatment Plant, reserving to the City an unrestricted right of access thereto; all as per Exhibits B, C, D, E and F attached hereto and made a part hereof. The parties hereby agree that the location of the easements for the fire lane and for the chilled water lines within the vacated portion Of Bloomington Street shall be subject to the approval of the City Public Works Director. With respect to the fire lane and utility easement conveyances in the vacated portion of Bloomington Street, it is agreed that the exact description of the properties to be conveyed will be determined at a later date. With respect to the fire lane easement in vacated Bloomington Street, the University agrees to construct a 20' wide driveable surface, utilizing materials approved by the Chief of the Iowa City Fire Department, and agrees to maintain said fire lane in an accessible condition for Fire Department apparatus. The University further agrees to surface and/or landscape the remainder of the vacated 9 Bloomington Street appropriate condition. 9 right-of-way, and to maintain same in an P v The University agrees to convey to the City, concurrently with the City's conveyances as indicated above (a) utility easement for two existing water mains in vacated Davenport Street west of Capitol Street, (b) a utility easement between the water storage facility and the City Water Treatment Plant for piping and necessary appurtenances; and (c) an easement for access to the water storage facility for operation, maintenance, and repair, all as per Exhibit F hereto. The University further agrees to take, and to cause its construction contractor to take, reasonable precaution during the construction of the facilities to protect and preserve the said water mains in vacated Davenport Street from disturbance or damage. 6. Calculation of City and University Construction Cost Share Percentages - Payment Schedule for City Share of Construction Costs. The City's construction cost share percentage shall be calculated as i follows: Iowa City's construction cost share percentage = the estimated cost to construct the City's water storage facility : the total estimated cost to construct the facilities, all as per the Project consultant's estimate approved as provided in Part II, paragraphs 2 and 3 above. 10 The University's construction cost share shall be calculated as follows: University's construction cost share percentage = the estimated cost to construct the Combined Use Facility less [-] the estimated cost to construct the City's water storage facility the estimated cost to construct the facilities, all as per the project consultant's estimate approved as provided in Part II, paragraphs 2 and 3 above. The University shall pay the full amount of each progress payment to the construction contractor, after review and approval thereof by the University. The City's contribution to the cost of construction shall be paid as follows: (a) Periodic progress payments: Each payment from the City shall be due and payable fifteen (15) days after receipt of the contractor's pay estimate from the University accompanied by a statement of charges and supporting documents substantiating the expenditures, as per paragraph 2, here and above. The progress payments will be based upon a schedule of values submitted by the contractor. The City will have an opportunity to review and comment upon the contractor's schedule of values before it is approved by the University. - 11 (b) A final payment as per the final accounting pursuant to para- graph 12 hereinbelow. E (c) Change order payments as per paragraph 8 hereinbelow. The City's project representative shall process all periodic progress payments on behalf of the City. 7. City's Project Representative - City's Right of Access to Construc- tion Site. The City hereby designates its Public Works Director as its project representative to act on its behalf during the construction phase for purposes hereafter specified. The City's project representative, or his designee, shall be entitled to access to the construction site at all reasonable times to determine the progress of construction and its conformance with the plans and specifications, and to make inspections and tests for said purposes, provided, however, that nothing herein shall affect the right of the University or relieve the University of its obligation to administer the construction contract and to inspect the work as "owner" of the project under the construction contract, pursuant to paragraph 9 hereof. 8. Change Orders to Construction Contract - Allocation of Costs Between City and University. It is agreed by the University and the City that change orders affecting the construction of the facilities may arise and each party N 12 shall be responsible for paying its share of the increased costs as r determined by the project consultant and architect, Herbert Lewis i Kruse Blunck Architecture. All change orders to the construction contract, which materially affect the water storage tank or appurtenant piping or facilities, or which would increase the overall cost of the project to the City, shall be submitted to the City for approval or disapproval. The City shall approve or disapprove all such change orders submitted by the University in writing within seven (7) working days after their submission. If the City fails to respond within said seven (7) day period, the City shall be deemed to have approved the change order. As to any change order which results in additional cost to the project, the City shall be required to pay such additional cost if the change order pertains to the water storage tank or appurtenant piping or facilities; provided, however, if such change order pertains to the University's parking garage or chilled water facility, but is necessary to accommodate the construction of the City's water storage facility, the City shall be required to pay its share of the additional cost of such change order. If such change order pertains only to the University's parking or chilled water facility, the City shall not be required to contribute to the additional cost of such change order. Any costs associated with change orders for the City shall be paid in addition to payments made as per the base contract formula set forth in paragraph 6 herein- above. a 13 9. City and University Obligations with Respect to Construction. The City shall obtain all necessary permits to construct and operate the water storage facility. The University shall, as 'owner" under the construction contract, administer and manage the construction of the facilities according to Iowa State Board of Regents Rules and Procedures. The City shall have access to all test -data of construction materials and methods compiled by the University. The University agrees to make all such materials available to the City upon request. The University shall provide to the City after completion of construction of the facilities copies of "shop drawings" and "as - built" drawings for the water storage facility and its appurtenant wiring, piping and equipment and the City shall pay for any costs associated with the preparation of "as -built" drawings. The University or its contractor shall effectuate all relocations, alterations, adjustments or removal of utility facilities, including power, telephone lines, water mains and hydrants, curb boxes, storm and sanitary sewers, utility poles, steam lines, gas lines and all related installations and appurtenances, whether privately or Publicly owned; shall effectuate the removal and replacement of all parking meters, traffic signs, pavement and sidewalk, and other facilities which are located within the limits of construction or which are otherwise affected by the construction of the project; and shall place and maintain traffic control devices, signing, pavement 9 14 markings, barricading, and fencing around the site during construction. The City shall pay the University's costs for inspection and admini- stration of the construction of the water storage facility portion of the facilities. The University's costs for construction inspection of the water storage facility portion of the facilities shall not exceed the amount of $17,000. The City shall pay that amount to the University in installments to accompany each periodic progress payment. The amount of each such payment for cost of inspection shall be in the same proportion to the above amount as the periodic progress payment bears to the City's total share of the contracted construction cost for the project, with the final payment therefore to be computed and paid as provided in Part II, paragraphs 12 and 13. The University's cost for administration of construction of construc- tion of the water storage facility portion of the facilities shall not exceed the amount of $3,000. The City shall pay that amount to the University within 30 days after final acceptance of the facilities by the City and the University as provided in Part 11, paragraph 10. 10. Inspection and Acceptance of the Facilities. Upon certification by the contractor that construction has been completed, City and University representatives shall inspect the 9 15 facilities. Said representatives shall jointly prepare the "punch list" for final contractor action prior to formal acceptance. Upon determination by said representatives that construction of the facilities is complete and should be accepted, the University shall by formal action approve and accept the facilities as complete. 11. University's Final Accounting of Construction and Construction Inspection Costs - City's Final Payment. Upon completion of the facilities, the University shall make a final accounting of all costs which it has incurred under the contract(s) for the construction of the facilities. Said accounting shall show (a) the total amount of all progress payments made to the contractor(s); (b) all periodic progress payments made by the City and by the University; (c) the total amount of construction inspec- tion costs paid by the City; and (d) the amount of construction inspection costs remaining unpaid. The University shall make a final accounting of all amounts due and owned by the City and shall submit it to the City. The City's final payment shall be due and payable within 30 days of the University's submission of the final accounting to the City. 12. Requirements of Law. The parties agree that the University shall, at its own cost and expense, promptly observe and comply with all present and future I 16 laws, ordinances, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. The parties agree that the City shall, at its own cost and expense, promptly observe and comply with all present and future laws, requirements, orders, directions, rules and regulations of all governmental authorities having jurisdiction over it with respect to the design and construction of the facilities. Part III - Use Occupancy. Manaoement and Operation of Combined Use Facilities. 1. Grant of Right to Use and Occupy. In consideration of the City's conveyance of property for the facilities, its contribution to the cost of construction and its commitment to contribute to the ongoing costs of operation and maintenance of the facilities as hereafter provided, the University grants to the City the right to use and occupy the water storage facility portion of the facilities, as hereafter provided. The parties agree that the City shall have the exclusive right to use and occupy the water storage facility for storage of potable water. 2. Premises and Term. The University hereby agrees that the City shall, during the term of this Agreement, have the right to use and occupy the water storage facility for the purposes hereafter provided. The City's right to 17 use and occupy the water storage facility shall commence upon completion of the facility by the University's contractor, as provided in Part I1, paragraph 10 hereof. This Agreement and the City's right to use and occupy the premises shall terminate on December 31, 2038, and the City will vacated the premises; provided, however, if the City desires to extend its use of the facilities, the City shall give the University 180 days prior written notice of its interest in continuing use of the water storage facility, at which time the University and the City will negotiate a renewal term for the City's continued use of said facility, unless such renewal will impede or impair the University's use of its property. The City shall, upon 180 days prior written notice, have the right to abandon its use and occupancy of the water storage facility. 3. Possession and Use of Premises. The parties agree that the University's use of the premises will consist, initially, of parking for vehicles and the generation of chilled water for University buildings, that the City will use the water storage tank portion of the facilities for the storage of potable water, and that the parties will confine their respective uses to those portions of the facilities designed and constructed for those uses; provided, however, that upon completion and acceptance of the facilities, the University shall be entitled to utilize the top surface of the water storage facility for University recreational 9 18 uses. Upon establishing recreational usage of said top surface, the University shall assume the care, custody, and control of the top surface for said purposes. 4. Operation and Maintenance. The University shall have responsibility for the proper and prudent operation and maintenance of the parking garage and chilled water facility, and for the building and grounds. The City shall have responsibility for the proper and prudent operation and maintenance of the water storage facility portion of the facilities, under all applicable laws, rules, and regulations. As to structures, appurtenances, and equipment which serve, support, or protect both the City's water storage facility and the University's parking garage and/or chilled water facility, the parties agree to share costs for the maintenance and repair thereof. Such costs shall be shared in the same proportion with each party's cost share percentage thereof computed as provided in Part II, paragraph 6 above. Part IV - General Provisions. 1. Dispute Resolution - Arbitration. The University and the City agree that any dispute arising between them in the application or interpretation of this Agreement may be 19 v submitted to arbitration on the request of either the University or the City. Any request for arbitration from one party to the other must be in writing. Upon receipt of a request for arbitration, the parties shall sign and acknowledge a written agreement specifying which demands are to be submitted to the arbitrators, and the arbitration proceeding shall be limited to such demands. (a) If the parties agree, there may be one arbitrator; otherwise there shall be three, one named in writing by each part to this Contract and the third chosen by these two arbitrators. If they fail to select a third within fifteen days, then such arbitrator shall be chosen by the presiding officer of the state or county bar association nearest to the location of the work Should the party requesting arbitration fail to name an arbitrator within ten days of its demand, its right to arbitra- tion shall lapse. Should the other party fail to choose an arbitrator within the said ten days, then such presiding officer shall appoint such arbitrator. Should either party refuse or neglect to supply the arbitrators with any papers or information demanded in writing, the arbitrators are empowered by both parties to proceed ex parte. (b) No one shall be qualified to act as an arbitrator for whom serving in such a role would create a conflict of interest. Each arbitrator selected shall be qualified by experience and knowledge of the work involved in the matter to be submitted to arbitration. 20 (c) if there be one arbitrator, the award shall be binding; if three, the award of any two shall be binding and may be impeached only for fraud or mistake. Such award shall be a condition precedent to any right of legal action. (d) The arbitrators, if they deem that the case demands it, are authorized to award to the party whose contention is sustained such sums as they deem proper for the time, expense and trouble incident to the arbitration and, if the arbitration was taken without reasonable cause, damages for delay. (e) The costs of arbitration shall be shared equally by the parties. (f) The award of the arbitrators shall be in writing and it shall not be open to objection on account of the form of the proceeding or the award. 2. Declaration of Default and Notice• Remedies Upon Default. In the event that either party determines that the other has defaulted in the performance of its obligations hereunder, the aggrieved party may declare that default has occurred and give notice thereof to the defaulting party. Notice of default shall be given in writing, shall specify the nature of the default and the provision of the Agreement involved, and shall specify what action is required of the defaulting party to correct the default. The defaulting party shall have 30 days from the date of its receipt of the notice of 21 default to correct the default. If at the end of said 30 -day period the default has not, in the opinion of the aggrieved party, been corrected, that party may thereupon pursue all lawful remedies, including termination of this Agreement. 3. Effect of Termination or Abandonment. In the event that this Agreement is terminated as provided in Part IV, paragraph 2, or as provided in Part III, paragraph 2, or in the event the City abandons the water storage facility as provided in Part III, paragraph 2, then in those events the City's right to use and occupy the water storage facility shall cease, the City's utility easement between the water storage facility and the City Water Treatment Plant, as per Exhibit F, shall extinguish, and the University shall assume full responsibility for the operation and maintenance of that property and those facilities. 4. Liability and Insurance. The University agrees to reimburse the City its costs and expenses for the repair of damage to the water storage facility and appurtenant structures and facilities caused by the University's negligence in the performance of its duties to operate and maintain its facilities as hereinabove provided, to the full extent permitted by Chapter 25A of the Code of Iowa, entitled "State Tort Claims Act," and according to the procedures set forth therein. 9 zz The City agrees to reimburse the University its costs and expenses for the repair of damage to the parking garage or chilled water generation facility caused by the City's negligence in the performance of its duties to operate and maintain the water storage facility as hereinabove provided, to the full extent permitted by Chapter 613A of the Code of Iowa, entitled "Tort Liability of Governmental Subdivisions," and according to the procedures set forth therein. The City and the University agree that the University shall maintain property insurance on the chilled water and parking garage facilities, as appropriate according to University policies and procedures. The University's property insurance does not and will not cover the City's water storage facility, and the City shall be responsible for all such losses to the water storage facility. 5. Captions. The captions of the various articles of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit, or describe the scope or intent of this Agreement, nor in any way affect this Agreement. N RESOLUTION NO. RESOLUTION OF INTENT TO ENTER INTO A CHAPTER 28E AGREEMENT WITH THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT, AND OPERATION OF A UNIVERSITY/CITY PARKING AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY, AND PROVIDING FOR THE CITY'S CONVEYANCE TO THE UNIVERSITY OF CERTAIN INTERESTS IN VACATED PORTIONS OF BLOOMINGTON AND CAPITOL STREETS. WHEREAS, the CiCouncil of the City of Iowa City has deter fined that the City is in need f additional storage capacity for potab a water in the vicinity of its Wa er Treatment Plant at 330 North Madis Street; and WHEREAS, the Iowa St to Board of Regents has determ' ed that the Univer- sity of Iowa is in ne d of a parking garage and ch' ed water facility to service its North Camp , which facility is to be ocated upon University - owned property and Cit owned street right -of -0y in and adjacent to a block of property imme 'ately adjacent toa City's Water Treatment Plant; and WHEREAS, City and UniversitX staff member did engage in an engineering study which demonstrated t feasibil' y of developing a University parking and chilled water facility and City water storage facility as a single, combined use facility o the s' a proposed by the University; and WHEREAS, City and University sta Agreement addressing the design, such a facility, the allocation between the City and the Univer and permanent interests in pro the conveyance of certain p University to the City; and / tubers have negotiated and prepared an truction, ownership, and operation of sign and construction costs therefore the conveyance of certain temporary from the City to the University, and It interests in property from the WHEREAS, pursuantto said greement, tl to the University: 1. a temporary const uction easement Street adjacent t the facility; 2. fee title to vacated strip of facility; City will be required to convey a vacated strip of Capitol tol Street adjacent to the 3. fee title to a strip of vacated Blooming n Street on the north side thereof adj ent to the facility; 4. fee title o a strip of vacated Bloomington Street on the south side thereof jacent to the Chemistry/Botany Bui ing; 5. a), easement for University chilled water lines in vacated Bloomington Street; 1116 9 Page 2 6. an easement for a 20' wide fire lane in vacated Bloomington Street; and 7. an easement for a fire lane in the north/south alley between facility and the City Water Treatment Plant; and WHEREAS, the City is required by law to declare by resolution its inten- tion with respect to the disposition or conveyance of City -owned property, { and to give public notice thereof and hold a public h aring thereon before disposing of such roperty. NOW, THEREFORE, BE NO IT IS HEREBY RESOLVED B THE CITY COUNCIL OF THE CITY OF IOWA CITY, WA, that this City Coun 1 does hereby declare its intent to execute and enter into the said C pter 28E Agreement with the University of Iowa, ereby committing i self to the disposition and conveyance of propertie and interests i properties as set forth above and as outlined in the said Chapter 2 Agreement, a copy of which is attached hereto and made part hereof AND BE IT FURTHER RESOLVE that a blic hearing on said proposal be and is hereby scheduled durin the r gular meeting of the City Council on August 9, 1988. AND BE IT FURTHER RESOLVED th the City Clerk be and is hereby authorized and directed to cause Notice f Public Hearing to be published as provided by law relative to the prop a hereinabove set forth. It was moved by and seconded by the Resolution be adopted, a d upon 11 call there were: AYES: NAYS: ABSENT: Ambrisco Courtney Dickson Horowitz Larson McDonald Strait Passed and approved this day of 1988• MAYOR Ap e a Form ATTEST: CITY CLERK Legal Department IH( I RESOLUTION NO. 88-167 RESOLUTION OF INTENT TO CONVEY POWER LINE EASEMENTS TO IOWA - ILLINOIS GAS AND ELECTRIC COMPANY, ALL IN CONNECTION WITH THE CITY'S ACQUISITION OF A PLANT ACCESS ROAD FOR THE SOUTH t' WASTEWATER TREATMENT PLANT. WHEREAS, the City of Iowa City, Iowa, has undertaken a project to improve its wastewater facilities, including the construction of a new wastewater treatment facility to be constructed in the NEIA of the NEIA of Section 35, Township 79 North, Range 6 West of the 5th P.M. in Johnson County, Iowa; and WHEREAS, in conjunction with the rezoning of said site by Johnson County, the City is required to acquire and establish its plant access road to the south of said site to a County Road on the south line of said Section 35; and WHEREAS, the route chosen by the City for its plant access road parallels an existing Iowa -Illinois electric transmission line and encompasses its access easement thereto; and WHEREAS, the City commenced proceedings to acquire by condemnation said roadway right-of-way from three property owners in the SETA of the said Section 35, but did not reserve therein to Iowa -Illinois either the right to have its transmission line overhang the road right-of-way or the right of access over said property to maintain said transmission line; and WHEREAS, it was and is the City's intent to acquire the said roadway right-of-way subject to Iowa -Illinois' right to overhang and its right of access for maintenance purposes; and WHEREAS, Iowa -Illinois has requested the City to convey back to it, upon completion of said condemnations, easements allowing its transmission line to overhang and allowing it access thereto over the City's roadway right- of-way for maintenance purposes; and WHEREAS, Iowa -Illinois has prepared and submitted such easements for execution by the City, which easements have been reviewed and approved by the City Public Works and Legal Departments. NOW, THEREFORE, BE, AND IT IS HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA does hereby declare its intent to dispose of easements in favor of Iowa -Illinois Gas and Electric Company, allowing the Company's electric transmission line to overhang the road right-of-way being acquired by the City, and allowing the Company access thereto for purposes of maintaining the said transmission line, said disposal to occur upon the City's completion of condemnation proceedings to acquire said road right-of-way. AND BE IT FURTHER RESOLVED that the City Clerk be and is hereby authorized and directed to cause Notice of Public Hearing to be published as by law provided relative to the procedure hereinabove set forth. It was moved by Ambr.isco and seconded by Courtney the Resolution be adopted, and upon roll call there were: 1117 Page 2 AYES: NAYS: ABSENT: X Ambrisco K Courtney X Dickson X Horowitz R Larson X McDonald X Strait Passed and approved this 26th day of _ July 1988. a+ OR /J App o e as o Form ATTEST: ��J �f •ty�J CITY -CLERK Legal Department i; r I I I I I Page 2 AYES: NAYS: ABSENT: X Ambrisco K Courtney X Dickson X Horowitz R Larson X McDonald X Strait Passed and approved this 26th day of _ July 1988. a+ OR /J App o e as o Form ATTEST: ��J �f •ty�J CITY -CLERK Legal Department 1 IOWA.NUNOIS OAS AND ELECTRIC COMPANY ELECTRIC EASEMENT (OVERHANG) i N. E. Schverz,_ Davenport (RURAL) ce.r- .wJchnson _ye, Sweet ,, 5th —.,__L9 North .. 35 The undeniEned awoerQ),_ CSty_of_Iova CSCY• Zowya munic�al_cOLporatiQO,_. r and the undealgaed and across the rW stets located I, County in the State of-3nva._.____. decrlaed u fo0ova: A tract of land 25 feet wide situated in the Southeast Quarter (SE4) of Section 35, Township 79 North, Range 6 Nest of the 5th Principal Meridian, Johnson County, Iowa; said tract of land being the westerly 25 feet of the roadway to the City's South Wastewater Treatment Plant described as follows: Coamencing at a found Concrete Monument at the Southeast corner of the Southeast Quarter (SE4) of Section 3S, Township 79 North, Range 6 West of the 5th Principal Meridians thence S870 57. 26•N Can assumed bearing), along the south line of said Southeast Quarter (SE4), 934.10 feet, to the Point of Beg�nning; thence S870 57' 260N, along said South line, 66.59 feet; thence N09 39' 320W 1431.47 feet, to the North lige of the Southeast Quarter (SE4) of said Southeast Quarter (SE4); thence NBB 07' 0209, along said North line, 66.61 feet; thence 5090 39' 32•E, 1431.28 feet, to the Point of Beginning. Said tract of land contains 96,467 square feet, more or less. rr rle.aer.we,y rrWryy wrwrraer .r rw..r...,wr�rrwr.. ., Y SONY WI W Ww YJ ..OW� � . �1rt W "�,� M. YI wl� .Y...11. Y . �i�� / •Y WYYV•.w MFp.M .4�.ePeerl A.a wJ.e.ane�wi,..er�r.,l ,..e. �e rY ,V ..� Signed, ended and delireed thio_ day of CITY OP IOWA CITY, IOWA TZ OF UY a CO or P*Uk te W XA-D. d awe efaerW. a lei/ WI —. PwernP bsue saes rrle) Y (we) ee, 0 -/Peer efw. r tew 4r Y Per W eteeeA eeeer.._--�-- he W eeiewed Ori M festaOhs vele r ML Yet AD, te_ Icy, W) r.. eu ,e.nan COPY see. I—DOCUMENT ti DOCUMNT N 1117 IOWA41LINOIS GAS AND ELECTING COMPANY ELECTRIC EASEMENT (OVIRMNO) M. Ez jnvenoort (11NEAL) CMOs 99 f9 Mr �+ Johnson JY 6 Heat rSAY 1s,s 79 North „r-35 TheundealgoWoa,Oer(e) CitY—of Iowa CStY Iowa, a municipal_cUp9SLS140.___.. and the undersigned and won the roo estate lOuted la__42h➢jq.O_-_Co"ty In the State of._.low- ..�.__� deeaHwd as fouan: A tract of land 25 feet wide situated in the Southeast quarter (SE%I of Section 15, T10nuhiP 79 North, Wqa 6 Nest of the Sth Principal Meridian, Johnson County, Iowa said tract of land Ging the waterly 25 feet of the roadway to the Cityss South W%2tewatar Tnatasnt Plant described of lollowse Coroncing at • found caner@" rnor,lt at the Northeast corner of the Southeast quarter (SE%) of Section 15, 3twnahip 79 North, Range 6 Nest of the 5th Principal Meridian, thence 5010 52' 39•E (an ssaurd bearing), along the East line of said Southeast Quarter ISE%): 620.66 foot, " the Northeast corner of the South Self 1541 of the North Half (m) of said Southeast quarter (5E4), thence SSBo 03' 469,, along the North lino of said South Half (54) of the North Half INN), 1,212.54 foot, " the Point of Mginningl thence 5090 39' 32eE, 625.25 foot, to a point on the South lino of said South Half (S%1 of the North Half (N%I, thence SOSO 07' 02.10, along said South lines 66,61 fast) thence H090 39' 32.106 621.07 foot, thence 10020 04' Was 0.47 foot, thence 5380 S31 53.10, 45.75 foot, then" 1002 04' 36.11, x8.23 fast, to a point on the North line of said South Hall (5%) of the North Half (M)) thence NBB 03' 46.X, along said North lino, 96.06 feet, m the Point of beginning. Said tract of land contains 41'890 sgusaa fast, r" Or leu. , 81gaed, sasied and dsileaed thlsday Of 19_ CITY OF IOWA CITY, IOWA y mayor res w a r wp. Goo r Bee .!errw at ssaeeslb bes r r e F ser e►er aarld e lace) eelseoM a Mae h,elelaa 4so,.4 W"e r Nae w e NICD APA low bas use Drell M r r wager K r.M1 r dr rt q NSW saw, by as Le. AD. 11__. r COP/ Na 1—DOCUMENT IIIE DOMSNEW i 1 IOWA4111NOIS GAS AND ELECTRIC COMPANY 0s "�'"'•tiEUC74C EASEMENT R. E. Schwarz, Devenport (OVERHANG) 56-7 puW1 to. w r..•r •__.i hn. _ _.fi..WCBt_rSth -mea r,�Yys 79 North 35 7be undersigned owner(s), City of Iova City Iowa a municipal corporation _, and the underelgned and aeroee the rte astats located 1N...JQhn1.QD_.__Count7 in the State ot_3DYL.___. drseribad a fQWW: A tract of land 35 feet wide situate in the Scuthsast quarter (59%1 of Section 35. Township 79 North, "a 6 west of the Sth Principal Naridiane Johnson County. Iowa, said User of land Wing the westerly 25 feet of the roadway to W City's South Wastewater Treat - sent Plant described as follaww commencing at a found concrete monument at the Northeast earner of the Southeast quarter (SEk) of Section 35. 'Itwnship 79 North. Range 6 west of the Sth Principal Heridlan; thence SBBO 00' 28'w (an assumed bearing)p along the North line of said Southeast Quarter (SE%j, 1,214.75 fast, W the Point of Beginning; thence 5030 04' 36'E 517.56 fmets thence N53 35' 12 'is 36.33 feet; thence 5020 04' 36'5. 50.00 feats thence S53a 35' 12'11, 36.33 feet; thence 503 04' 36'E, 41.18 fast] thence 509 39' 32'E, 0.46 feet, to W South line of the North Half (N4) of the North Half (NN) of said Southeast Quarter (Wg)s thence 11880 034 46'11, along said South line, %.06 fast; thence H020 04' 36'11, 11.77 fast; thence 1138 53' 5349, 45.75 feets thence 801° 04' 36411, 573.05 fact, W • point on the Worth line of said Southeast Quarter (SE5) I thence N88o 00' 38'9, along said North line, 66.00 fast, W W Point of Beginning. Said tract of land contains 43.257 square feet, more or less. e.ar. wlVar.�•• •we�WaYe.l of W+Y�YYILwv Yea. Yew.Ye�YYwewr YlYe eYY �, &y ewe !E. ffm Yw YerY�Y -.= �� Y YM Yee w� w.Ye Y YY,W Y •.� ewel-O.I YY��yw,wer pay ewW Y Y V•w•. W Y..•YYI Y Y ,w • .YY.� W Y 1111• Yw1�.Y Y M Yw11YY. �_Y�YI� MYYaY Y Y 1111 Y` d. W M}•n OYY • Y A W w W N. W YYI .V Y� Signed, smiled and delltued this_ YY� _da7 of \ City of Iowa City, Iowa TO O/ 1 r Y yor Co Y OP 11 I^ -.--. e N RY City -clerk Peak h W fe V Ce.p W Rhee afwrl4 as Waal er _ Women, bre h as Y w mer ear merle) h Nuel seleareel as W fesAehe aNrM Ia4e r IIY ear Is sari W atbeh14e1 dsuA Nle/ W &H ewe a w ha,W Ywotay set f ewe W •• u•da as WL Olen aW so e- . eeel av / • jf A.D. U_ SNiseld sea) rwe tu.w u mea, COPY Ns. t-DOCUMM FU DOCI111MT Na.— RESOLUTION NO. 88-168 RESOLUTION APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY, A LICENSE AGREEMENT BETWEEN THE CITY AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY TO PROVIDE FOR THE INSTALLATION AND MAINTENANCE OF A FIBRE OPTIC CABLE SYSTEM IN CERTAIN CITY STREETS FOR THE PROVISION OF LONG DISTANCE TELEPHONE AND TELECOMMUNICATIONS SERVICE TO IOWA CITY AND ITS ENVIRONS. WHEREAS, pursuant to Iowa Code (1987), Section 364.1112, Iowa cities are responsible for keeping public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossings, public ways, squares, and commons open, in repair, and free from nuisance; and WHEREAS, Iowa Code (1987) Section 364.2(4), authorizes Iowa cities to grant public utility franchises regulating "the conditions required and the manner of use of the streets and public grounds of the city...." and Iowa City has granted such franchises to gas, electric, and telecommunica- tions companies, each of which has installed wires, pipes, conduits, and related equipment over, under, across and upon public property throughout the City; and WHEREAS, in addition to franchise utilities, the City of Iowa City operates utility systems that provide water and sewer service to its residents, which include water and sewer lines, pipes and appurtenances over, under and across public property in the City; and WHEREAS, American Telephone and Telegraph Company (hereinafter "AT&T" or "the Company") desires to construct, own, operate and maintain an under- ground fibre optic cable system through Iowa City to provide long distance telephone and telecommunications service to Iowa City and its environs; and WHEREAS, the said fibre optic cable system will follow a route generally under and along Mormon Trek Boulevard from the Coralville City Limits on the North until it exits Iowa City at the Highway 218 right-of-way on the Southwest border of Iowa City; passing under numerous City of Iowa City streets, sidewalks, and alleys along said route; and WHEREAS, AT&T has not heretofore obtained the authority or permission of the City of Iowa City to place said fibre optic cable system under and across city street and alley right-of-ways; and WHEREAS, a License Agreement has been negotiated and prepared, which License Agreement would extend to AT&T the right to place its fibre optic cable system in certain City streets and would serve to minimize conflicts and promote cooperation between the City and AT&T in the operation of their respective utility systems; and ///8 N Resolution No. 88-168 Page 2 WHEREAS, this City Council has been advised and does believe that it would be in the best interests of the City of Iowa City to approve and execute said License Agreement in favor of AT&T. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the "License Agreement Between the City of Iowa City, Iowa, Licensor, and American Telephone and Telegraph Company (AT&T), Licensee" a copy of which is attached hereto and made a part hereof,be, and the same is hereby approved as to form and content. AND BE IT FURTHER RESOLVED that the Mayor and City Clerk be, and they are hereby authorized and directed to execute and attest, respectively, said License Agreement for and on behalf of the City of Iowa City. It was moved by Horowitz and seconded by Larson the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: X Ambrisco X Courtney —� Dickson X Horowitz X Larson X McDonald —� Strait Passed and approved this 26th day of July 1988. OR A r d as Form ATTEST: J •et,4� CITY -CLERK 7/a//kr Lego Department 9 LICENSE AGREEMENT BETWEEN THE CITY OF AMERICAN TELEPHONE AIDWTEL GY TELEGRAPH C014PAIENSOR(AT&T),JDICENSEE RECITALS Witnesseth: A. WHEREAS, pursuant to Iowa Code (1987), Section 364.12, Iowa cities are responsible for keeping public grounds, streets, sidewalks, alleys, bridges, culverts, overpasses, underpasses, grade crossings, public ways, squares, and commons open, in repair, and free from nuisance; and B. WHEREAS, Iowa Code (1987) Section 364.2(4), authorizes Iowa cities to grant public utility franchises regulating "the conditions required and the manner of use of the streets and public grounds of the city..." and Iowa City has granted such franchises to gas, electric, and telecommuni- cations companies, each of which has installed wires, pipes, conduits, and related equipment over, under, across and upon public property throughout the City; and I C. WHEREAS, in addition to franchise utilities, the City of Iowa City oper- ates utility systems that provide water and sewer service to its resi- dents, which include water and sewer lines, pipes and appurtenances over, under and across public property in the City. 1110a I 1 D. WHEREAS, American Telephone and Telegraph Company (hereinafter "AT&T" or "the Company") desires to construct, own, operate and maintain an under- ground fibre optic cable system through Iowa City to provide long dis- tance telephone and telecommunications service to Iowa City and its environs; and E. WHEREAS, the said fibre optic cable system will follow a route generally under and along Mormon Trek Boulevard from the Coralville City Limits on the North until it exits Iowa City at the Highway 218 right-of-way on the Southwest border of Iowa City; passing under numerous City of Iowa City streets, sidewalks, and alleys along said route; and F. WHEREAS, AT&T has not heretofore obtained the authority or permission of the City of Iowa City to place said fibre optic cable system under and across city street and alley right-of-ways; and G. WHEREAS, since such use of public property is extensive, and in order to minimize conflicts and promote cooperation between the City and AT&T in the operation of their respective utility systems, the parties deem it to be in their best interests to agree with respect to the use of public property for the location, installation, and maintenance of the fibre optic cable system described. 9 3 AGREE14ENTS Section 1. Definitions. (a) "City" shall mean the City of Iowa City, Iowa, and, where appropriate, shall include its officers, employees and agents. (b) "Energy" shall mean power in the form of gas, oil, electricity or steam. (c) "Excavation Regulations" shall mean Article II of Chapter 31 of the Iowa City Code of Ordinances, a copy of which is attached hereto and incorpo- rated herein by reference. (d) "Public Improvements" shall mean any improvements on Public Property, including but not limited to paving, sidewalks, grass, vegetation, trees, street lights, traffic signals, water mains, sewers, and equip- ment related thereto. (e) "Public Property" shall mean City -owned or controlled public rights-of- way easements, bridges, squares and commons. (f) "Public Utility" or "Public Utility System" shall mean any gas, elec- tric, telephone, cable television, water, or sewer system serving the general populace of Iowa City. I 4 "Utility System" or "facility" or "Utility System' shall include all equip- ment owned, operated, leased or subleased by AT&T in connection with its fibre optic cable system, and shall include but not be limited to poles, wires, pipes, cables, underground conduits, ducts, manholes, vaults, and other structures or appurtenances. Section 2. Basic Grant; Term. AT&T is hereby granted a license to construct, maintain, inspect, protect, repair, replace, retain and fibre optic cable system in, under, upon, along and across the Public Property shown and identified in Exhibit A hereto, subject to the regulatory powers of the City and subject to the conditions hereinafter set forth. The term of this License Agreement shall be for a period of twenty-five (25) years, beginning August 1, 1988, and extending to and including July 31, 2013. This License Agreement may be terminated by one hundred twenty (120) days written notice by the City to the Company as specified herein. Section 3 Extension or Expansion of Utility System Major Repair Work and Installation of New Systems. Before commencing any extension or expansion of its Utility System, or any major repair work (i.e. the repair or reconstruction of any part of the Utility System on Public Property) or the installation of any new system in the City, the Company shall file with the Public Works Department of the City a written statement specifying the Public Property under or upon which it proposes to extend, expand, install or repair its Utility System. The Direc- tor of Public Works may require that the statement be accompanied by a map, a 5 plan or specifications showing the proposed location of the Utility System components with reference to streets and alleys and lot lines, the size and dimensions of all Utility Facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any Utility Facilities shall interfere with the rea- sonable and proper use, construction, reconstruction and maintenance of any Public Improvements or existing City owned Public Utility System component, or other structure upon or under the Public Property, the Director of Public Works shall, within a reasonable time after the filing of such plan, map or specifications, note the changes necessary to eliminate all interference with a Public Improvement or existing City owned Public Utility System facility and refer the same back to the Company for amendment. Such map, plan or specifications, when properly changed and corrected, shall be filed in the Public Works Department, and after the approval of the same by the Director of Public Works, a permit shall be issued authorizing the Company to proceed in accordance with the approved maps, plans or specifications. The permit issued hereunder shall include any permit required pursuant to the City Excavation Regulations. No such excavation, construction or erection shall be commenced before the issuance of the permit herein provided for and all work shall be in strict accordance with the approved maps, plans or specifi- cations. Section 4. Construction and Repair of Utility Systems. In the process of location, construction, reconstruction, replacement or repair of any Utility System component, the excavation or obstruction made or placed in Public Property at any time or for any purpose by the Company shall, to protect the public and to assure the safe and efficient movement of R] traffic, be properly barricaded to comply, at a minimum, with barricade requirements set forth in the Excavation Regulations. All pavement taken up or displaced shall be properly and speedily replaced in accordance with the City's Excavation Regulations. As a condition to use of public right-of-way, the Company shall, to the reasonable satisfaction of the person or entity whose property was damaged, at its own expense, repair or cause repair to any private property, Public Utility System component, Public Improvement, or Public Property damaged by such location, construction, reconstruction, replacement or repair work. Further, without limiting the generality of the foregoing, the Company shall assume full responsibility for all losses, damages, costs and expenses for injuries to persons or property resulting from such location, construction, reconstruction, replacement or repair, and shall defend or provide a defense to the City and its officers, employees and agents from and against all claims of every nature with respect to such work, or where excavations have been made, in the repair of the same or resulting or arising from delay or failure to restore the Public Property to its former condition, or resulting from a failure to properly barricade such excava- tions. If the Company fails to repair or arrange with the City for the proper repair of any Public Property after excavations have been made, and after five days' notice in writing to do so, given to its District Manager - Con- struction, then the City may make such repairs at the expense of the Company. Section 5. Excavations The Company is authorized to make excavations in City streets, avenues, alleys and public places for purposes of routine repair, replacement, and maintenance of poles, wires, lines or other electric utility system compo- nents associated with its transmission line. In making such excavations, the N V jCompany shall obtain a permit therefore purusant to Chapter 31, Article II of kthe City of Iowa City Code of Ordinances, shall not unnecessarily obstruct G the use of streets, avenues, alleys or public places, shall provide the Public Works Director with 24 hours notice prior to the actual commencement of the work, and shall comply with all provisions and requirements of Chapter 31 in performing such work. In emergencies which require inmeidate excava- tion, the Company may proceed with the work without first applying for or obtaining the permit, provided, however, that the Company shall apply for and obtain the excavation permit as soon as possible after commencing such emer- gency work. i (b) Failure to Comply; Remedies. If the Company fails to comply with the provisions of subsection (a) of this Section, the City may (i) repair or restore the Public Property to a condition as good as the condition of the Property prior to the disturbance by the Company. The Company shall pay the costs of such repair or resto- ration; and (ii) charge the Company twenty-five dollars ($25.00) for each day the condition remains unremedied after receipt by the Company of notice of the need for such repair or restoration until the date of satisfactory repair or restoration of the Property. The Company shall pay to the City its costs and charges for such work within thirty (30) days after receipt of the City's billing. IN I R Section 6. Work by Others Construction by Abutting Owners Alteration to Conform with Public Improvements. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Property occupied by the Company, and to change any curb or sidewalk or the grade of any street. In permitting others to do such work, the City shall not be liable to the Company for any damage so caused. The City shall not be liable to the Company for any damages arising out of the performance of such work by the City or its employees, agents, contractors or subcontractors; provided, however, nothing herein shall relieve any other person or corporation from liability for damage to the Company's Utility Facilities. Section 7. Company Contractors. The requirements of this License Agreement shall apply fully to all persons, firms or corporations performing work for the Company under a contract or other type of work order. Section 8. Conditions of Street Occupancy. (a) Use. The fibre optic cable system and related facilities erected by the Company within the City shall conform to established grades of streets, alleys and sidewalks, and be so located as to cause minimum interference with I 9 other public utilities located in or upon Public Property, and to cause mini- mum interference with the rights or reasonable convenience of property owners N who adjoin Public Property. (b) Interference with Traffic. The Company shall conduct its work hereunder in such manner as to cause as little interference as possible with pedestrian and vehicular traffic, and shall abide by scheduling directions, if any, given by the Director of Public Works. (c) Relocation. The Company shall, upon reasonable notice and at its sole cost and expense, remove, locate and relocate its utility system components in; on, over or under any Public Property in such manner as the City may at any time require for the purpose of facilitating the construction, recon- struction, maintenance, repair or change in grade of any public improvement on, in or about any such Public Property, for the purpose of promoting the efficient operation of any such improvement, or for the purpose of facilitat- ing the vacation and/or redevelopment of public right-of-way by the City. In the event the Company fails to act within the allotted time, the City may cause the Utility System components to be relocated, and the costs thereof shall be assessed to the Company and shall be paid as provided in Section 5(b) hereof. (d) Placement of Facilities. The Company shall not place its Utility System Facilities in the Public Property where the same will interfere with the normal use or maintenance of any Public Improvement, including but not lim- ited to streets, alleys, sidewalks, traffic control devices, sanitary sewers, storm sewers, storm drains or water mains, or any Public Utility Facility. ///00 i I 10 (e) Locator Service. Upon request, the Company agrees to assist in locating underground facilities which are part of its Utility System. Such assistance will be provided in a timely manner, but not more than forty-eight (48) hours after the time of the request. Section 9. Powers of Cit . Nothing in this Agreement shall be construed to abridge the right or power of the City to make further regulations relative to the use of the streets, alleys and public grounds by anyone using the same for the erection and maintenance of utility systems. Section 10. Plans and Coordination. (a) Construction, Expansion Repair and Rehabilitation Plans. On or before May 1 of each year, the Company shall provide the Public Works Depart- ment with a schedule showing all planned construction, expansion, reha- bilitation, repair, or reconstruction of the Company Utility System, except emergency work, which is planned within the City, or within unincorporated areas within two (2) miles of the City's corporate lim- its, during the next five years. (b) As Built Plans. Upon completion of work, the Company shall promptly furnish to the City copies of "as built" plans related to its Utility System located on Public Property. N 11 Section 11. Maps Records Reports and Documents. (a) Maintenance of Records. The Company shall keep complete and accurate maps and records on the operation of its transmission line under and in connection with this License Agreement (b) Examination and Audit of Records. The City shall have the right, at reasonable times and for reasonable purposes, to examine, audit, review, and/or obtain copies of the documents, maps, plans and other records of the Company pertaining to this License. The Company shall fully cooperate in making available records and otherwise assisting in these activities. (c) Inquiries. The City may, at any time, make reasonable inquiries as to the Company's operation of the said transmission line within the City. The Company shall respond to such inquiries within fourteen (14) working days of an inquiry. (d) Annual Report. On or before the first day of May of each year during the term of this License Agreement, the Company shall file with the City a corrected list of facilities, and an up-to-date map of its Utility Systems, showing all Facilities newly installed, extended or removed during the previous calendar year, as well as those currently in use. (e) Filings. Copies of all petitions, applications, communications and reports submitted by the Company to the Utilities Division of the Iowa Department of Commerce, or any other regulatory agency, in respect to 12 any matters affecting the said fibre optic cable system within Iowa City, or within two miles thereof, shall be provided to the City at the time such documents are filed with the agency. Section 12. Violations of Agreement. (a) Default. Upon evidence being received by the City that a violation or breach of this License Agreement, or codes or ordinances lawfully regu- lating the Company in the operation of said transmission line, or in the use of the Public Property therefore, is occurring, or has occurred, (hereinafter referred to as a "default") the City shall cause an inves- tigation to be made. If the City finds that a default exists or has occurred, the City may take appropriate steps to secure compliance with the terms of this Agreement or the codes or ordinances. (b) Notice of Default. The City shall notify the Company of the default and the Company shall cure such default within thirty (30) days after re- ceipt of such notice. (c) Remedies for Default. If the Company fails to cure a default within the time allowed, the City shall have the right to: (i) seek specific performance; or (ii) remedy the default by doing the act itself, or through a contrac- tor, and charge the costs of such work to the Company; or (iii) seek damages for such default; or (iv) any combination of (i), (ii) and (iii). I 13 The Company shall also be liable for reasonable attorneys' fees and costs incurred by the City in pursuing any such course of action (in- cluding payment for time spent by in-house attorneys), together with interest on out-of-pocket costs expended hereunder at the rate of 9.75% per annum. Section 13. Liability, Indemnification and Insurance. The Company covenants to indemnify, defend, and save the City and its offi- cers, agents and employees, harmless from any and all damages arising, di- rectly or indirectly, from exercise of the rights granted herein. Daaages to crops, fences, or other property of the City or its franchisees, licensees or tenants during the original construction and subsequent maintenance, repair and use of the Public Property shall be promptly compensated for by the Company. The Company agrees to maintain in effect during the entire term of this Agreement liability insurance in comprehensive form and in the amounts as set forth in Exhibit B hereto, the Company's Certificate of Insurance. Section 14. License Fee. The Company shall pay an annual license fee of ;1,000.00 to the City, said fee to be paid in advance each year on the anniversary date of this Agree- ment, or at the Company's option a one-time discounted fee of $5,825.00 due upon execution hereof. 9 l _ 14 f Section 15. Severability. In the event that a court of competent jurisdiction shall adjudge any provi- sion or provisions hereof invalid or illegal, or direct a change by the Company in any matter or thing herein contained, such invalidity or ille- gality or change shall in no way affect the remaining provisions of this Agreement or their validity or legality, and this Agreement in all other respects shall continue in full force and effect, as if said provision or provisions had not been so adjudged invalid or illegal, or such change had not been directed, or shall, at the City's option, cause a termination of the Agreement. Section 16. Prior Licenses Repealed. All grants, franchises, agreements, franchises -in -fact, rights, licenses, and privileges heretofore made or granted by the City to the Company, by ordi- nance or otherwise, and all rights of the Company thereunder made by the City to others from which the Company may have purchased its rights or interests, are hereby merged into this Agreement, it being the intention that this Agreement shall contain all grants, franchises, agreements, rights, licenses, privileges, and obligations of the Company relating to the said fibre optic cable system. B 15 Section 17. Assignment. This Agreement shall not be assignable without the express consent of the City Council of the City; such consent to be evidenced by an ordinance or resolution that fully recites the terms and conditions, if any, upon which such consent is given. Section 18. Vacation of Streets and Alleys. So long as the Company exercises the rights granted to it hereunder, the City will not, by ordinance or otherwise, vacate any street, alley or public way in which the Company has installed its fibre optic cable system without re- serving such rights as necessary to allow continued use of such Property for the said fibre optic cable system in accordance with the terms of this Agree- ment, provided that nothing herein shall limit the City's right to require the Company to relocate its transmission line as provided in Section 8(d) hereof. Section 19. Delivery of Notices. Except as may be expressly provided in Sections 4 and 5 hereof, any notices hereunder shall be in writing and shall be delivered via certified mail, addressed to the parties as follows, unless otherwise indicated in the future: I If to Licensor: City Manager City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 i a 16 If to Licensee: AT&T District Manager - Construction One North Wacker Drive Chicago, Illinois 60606 provided, however, that in the case of an emergency, notices may be given verbally to the above-named persons. In such case, written confirmation should be provided. Nothing contained herein shall prevent other forms of notice if actually received by the addressee. Notice shall be deemed given on date of mailing in case of certified mail, or otherwise on the date actual notice is received. THIS AGREEMENT is entered into as of the 26th day of July , 1988. CITY OF IOWA CITY, IOWA LICENSOR BY:LBy: / g_� yor ATTEST: %%12�,,�,,.) -A41 City -Clerk 9 17 JOHNSON COUNTY ) SS STATE OF IOWA ) On this 26th day of July , 1988'before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instru- ment is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contained in JQ?u QA1QxM (Resolution) No. 88-168 passed the Resolution adopted) by the City Council, yK KXRAU,Xxk,�— � �gp on the 26th day of Jul 1988 and that John McDonald and Manan arr acknow a ge a execu ion of 5e instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ��� floury Pub�yYlic n and for the State of Iowa LICENSEE AT&T COMMUNICATIONS OF THE MIDWEST, INC. B COOK COUNTY ) STATE OF ILLINOIS ) SS On this fa day of 19 l��before me, the under- signed, a Notary Public in and r the State of Illinois, personally appeared Nancy L. Eichler, to me personally known, who being by me duly sworn, did say that she is the Supervisor of the corporation executing the foregoing instru- ment; that the instrument was signed (and sealed) on behalf of the corpora- tion by authority of its Board of Directors; that Nancy L. Eichler acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and er oluntarilv�executed.,% OFFICiIA NOTARY MARY i1ATE Af ILLLIINOIS NY "MASSION EXPIAES 11241vu s 9 yl� �x';:. (rte � •: ,� . \ �. ...,... VN IKERSITv � OF y,T... ow. C46/� �avfa�Tram P.O.P. in Co.a/ Cl o:31 I WCSI NKK SCHOOL ' / " 1 1 CERTIFICATE CF€ It�SUR7ii �.............:...::..............�:..?Ni .li1:11:�A.T•i:n:`"llU ,i� "�" `�i'n;t .y�'t........................a...........tUE a. a .u. uuwx ..'.'!a PRODUCERCM0171 Marsh & McLennan Inc. 1221 Avenue of tfie Americas ;i; New York, NY 10020 INSUAED AT&T Communications 310 Mt. Eemble Avenue Morristown, NJ 07960 NO RIGHTS IRON THE CERTIFICATE WILDER. THIS CERTIFICATE.DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. { COMPANIES AFFORDING -COVERAGEI A Self Insured Retention LETTER B Travelers Insurance Companyf COMPANY is LETTER C various British Led by Weavers COMPANY LETTER D Self Insured Retention #6' a«aaaa«..«<..u:.u..:,: ......THIS IS 70 [ERTIfY THAT POLICIES Of INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REO IREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONt. Am rnunlrinue n -.--�.........r ... mn1Jw./LN. 11UNS/VLXIGLL5/5PEGNAL ITEMS All Operations of the Insured. THE CITY OF IOWA IS NAMED AS AN ADDITIONAL INSURED ICITY OF IOWA 410 EAST WASkINGTON a{, CIVIC CENTER J?J IOWA CITY, IOWA 52210 SHOULD ANY Of THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING CC14PARY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70 WAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CO -LTR POLICY POLICY LIABILITY LIMITS IN THOUSANDS r LT TYPE OF INSURANCE POLICY NUMBER EFFECTIVE (MM/DD/YY) EXPIRATION (MM/DD/YT) EACH OCCURRENCE AGGREGATE R GENERAL LIABILITYly D� I COMPREHENSIVE BODILY S� PREMISES/OPERATIONTION S INJURY f f EFEFEF u UNDERGROUND EXPLOSION t;i., PROPERTY COLLAPSE HAZARD : x PRODUCTS/COMPLETED OPERATIONS DAMAGE f A _ CONTRACTUAL 91 R PD E Self Insured Retention _ INDEPENDENT CONTRACTORSf2.5 Of Ilion COMBINED f f 'jjj _ BROAD FORM PROPERTY DAMAGE — PERSONAL INJURY i3 PERSONAL INJURY S AUTOMOBILE LIABILITY j +N g ANY AUTO BODILY INJURY �1 ALL OWNED AUTOS (PgIV. PASS) (PER PERSON) f 4€1:'7}s. BODILY INJURY(PER ALL OWNED AUTOS (OTHER THAN) 5 (PRIV. PASS.) ACCIDENT) f -. H B HIRED AUTOS _ NON•06MED AUTOS PROPERTY _ _ GARAGE LIABILITY DAMAGE f xt BI A PD ,7 TRJCAP-1997163.7.87 12/31/87 12/31/88 P' - j iRJCAP•199T164.9.87 4/1/88 12/31/88 COMBINED f 1000 +. €: EACESS LIABILTY off; C UMBRELLA FORM PY3.15185 10/15/87 10/15/88 COMBINED f 5000 f 5000 OTHER THAN UMBRELLA FORM D YORKERS' COMPENSATION' STATUTORY �;.; .. AND Self Insured Retention -: f MEACH ACCIDENT) A–, pp �!S EMPLOYERS' LIABILITY $500,000 d f rDISEASE•POL ICY LIMIT) Tir f (D15EASE•EACH EMPLOYEE) OTHER E Exceac Yorkers C amp. C•12902•R2 8/1/87 8/1/88 Different Limits is in Various States -.--�.........r ... mn1Jw./LN. 11UNS/VLXIGLL5/5PEGNAL ITEMS All Operations of the Insured. THE CITY OF IOWA IS NAMED AS AN ADDITIONAL INSURED ICITY OF IOWA 410 EAST WASkINGTON a{, CIVIC CENTER J?J IOWA CITY, IOWA 52210 SHOULD ANY Of THE ABOVE DESCRIBED POLICIES Be CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING CC14PARY WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE 70 WAIL SUCH NOTICE SMALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. I IN PAY TO THE ORDER OF J ' NAME: ADDRESS: I / J/e��.��[�{ CITY:. C4,.Lp.,.>•.c/•/STATE: 7— e2 / THE AMOUNT OF No. 25503 (—// DATE �E�S�L(.SI — 19 FOR O RAY GRANT IRODDS/S I I n� one -Tt In e dismA'�+kd F �`R.c'. }(f OTHER �yc FgSC wee. A T d T EST. N0. Qri, X 7 0 TRACT NO. COUNTY --LY !LO/� , STATE--"— PAYABLE TAT _ PAYABLE THROUGH NOLL AND VOID IF NOT CASHED WITHIN I REPRESEN IVU BANK SOUTH, HOUSTON COUNTY. N.A. NINETY 1901 DAYS FROM ISSUANCE. Petty. Weiner Rabin', Centerville. GA 11e025503K' 1:06LL011681: 95 959 8811' un DOLLARS T� pre F6 oe !' LICENSE AGREEMENT BETWEEN THE CITY OF IOWA CITY, IOWA, LICENSOR, AND AMERICAN TELEPHONE AND TELEGRAPH COMPANY (AT&T), LICENSEE RECITALS Witnesseth: A. WHEREAS, pursuantVopenn 87), Section 364.12, Iowa cities are responsible for rounds, streets, sidewalks, alleys, bridges, culverts,passes, grade crossings, public ways, squares, and commor, and free from nuisance; and B. WHEREAS, I/equipment ( 87) S ction 364.2(4), authorizes Iowa cities to grant publfranchise regulating "the conditions required and the mannerf the street and public grounds of the city..." and Iowa City ed such franchi es to gas, electric, and telecommuni- cations coeach of which ha installed wires, pipes, conduits, and relatent over, under, cross and upon public property throughout and C. WHEREAS in addition to franchise utilities, the City of Iowa City oper- ates ility systems that provide water and sewer service to its resi- dent , which include water and sewer lines, pipes and appurtenances over, and r and across public property in the City. A/001 2 D. WHEREAS, American Telephone and Telegraph Company (hereinafter "AT&T" or "the Company") desires to construct, own, operate and maintain an under- ground fibre optic cable system through Iowa City to provide long dis- tance telephone and telecommunications service to Iowa City and its environs; and E. WHEREAS, the said fibr optic cab/fro it follow a route generally under and along Mormon T ek Boulee Coralville City Limits on the North until it exits I wa Cityway 218 right-of-way on the Southwest border of Iowa Ci panumerous City of Iowa City streets, sidewalks, and alley aloe; and F. WHEREAS, AT&T has not her7oe obtained the authority or permission of the City of Iowa City to s id fibre optic cable system under and across city street and alht- f -ways; and G. WHEREAS, since such u e of public prop rty is extensive, and in order to minimize conflicts nd promote cooperate n between the City and AT&T in the operatio/bes eir respective utility ystems, the parties deem it to be in theirinterests to agree with respect to the use of public property forlocation, installation, and maintenance of the fibre optic cable described. ///F 3 AGREE14ENTS Section 1. Definitions. (a) "City" shall meanthe City of Iowa City, Iowa, and, where appropriate, shall include its of cers, employees and agents. (b) "Energy" shall mean pow in the form of gas, oil, electricity or steam. (c) "Excavation Regulations" shall can Article II of Chapter 31 of the Iowa City Code of Ordinances, a copy which is attached hereto and incorpo- rated herein by reference. (d) "Public Improvements" shYto mean an improvements on Public Property, including but not limit pa vi , sidewalks, grass, vegetation, trees, street lights, tr ffic signals, water mains, sewers, and equip- ment related thereto. (e) "Public Property" s all mean City -owned or ontrolled public rights-of- way easements, bri ges, squares and commons. (f) "Public Utility" or "Public Utility System" shall mean any gas, elec- tric, telepho�e, cable television, water, or sewer system serving the general populace of Iowa City. Alf I 4 "Utility System" or "Facility" or "Utility System" shall include all equip- ment owned, operated, leased or subleased by AT&T in connection with its fibre optic cable system, and shall include but not be/ limited to poles, wires, pipes, cab es, underground conduits, ducts, ma�nholes, vaults, and t other structures or ppurtenances. / ion 2. Basic Gran AT&T is hereby granted a tens repair, replace, retain and 'br and across the Public Property subject to the regulatory powers hereinafter set forth. to cons Fuct, maintain, inspect, protect, optic cable system in, under, upon, along iow and identified in Exhibit A hereto, f the City and subject to the conditions The term of this License Agre ment sha�l be for a period of twenty-five (25) years, beginning August 1, 1988, and a tending to and including July 31, 2013. This License Agreemm nt may be terms ated by one hundred twenty (120) days written notice by tlfe City to the Compa as specified herein. Section 3. Extension or Expansion of Utilit stem, Major Repair Work and Installation of New Systems. Before commencing/any extension or expansion of it Utility System, or any major repair w/q k (i.e. the repair or reconstruction\\f any part of the Utility Syste�/on Public Property) or the installation of. any new system in the City, th Company shall file with the Public Works Department of the City a written atement specifying the Public Property under or upon which it proposes t extend, expand, install or repair its Utility System. The Direc- tor of P lic Works may require that the statement be accompanied by a map, ///JP i i9 plan or specifications showing the proposed location of the Utility System components with reference to streets and alleys and lot lines, the size and dimensions of all Utility Facilities, and the distance above or beneath the surface of the ground it is proposed to repair or to lay the same. If the proposed locations of any Utility Facilities shalljinterfere with the rea- sonable an proper use, construction, reconstructi n and maintenance of any Public Improv gents or existing City owned Publi Utility System component, or other structure upon or under the Public Pro erty, the Director of Public Works shall, within reasonable time after a filing of such plan, map or specifications, note the changes necessary t eliminate all interference with a Public Improvement or existing City ow d Public Utility System facility and refer the same back too the Company for amendment. Such map, plan or specifications, when properr changed and corrected, shall be filed in the Public Works Department, and a t of Public Works, a permit shall in accordance with the approved issued hereunder shall include Excavation Regulations. No ch e approval of the same by the Director ssued authorizing the Company to proceed S, plans or specifications. The permit permit required pursuant to the City a tion, construction or erection shall be commenced before the iss/y nce of theXpermit herein provided for and all work shall be in strict accdrdance with pproved maps, plans or specifi- cations. r In the process oflocation, construction, reconstruction, replacement or repair of any Utilit�System component, the excavationo \obstruction made or placed in Public Ploperty at any time or for any purpose\by the Company shall, to protect the public and to assure the safe and efficient movement of G: traffic, be properly barricaded to comply, at a minimum, with barricade requirements set forth in the Excavation Regulations. All pavement taken up or displaced s all be properly and speedily replaced in accordance with the City's Excavatio Regulations. As a condition to u� of public right-of-way, the Company shall to the reasonable satisfact'on of the person or entity whose property was amaged, at its own expense repair or cause repair to any private property, Pu lic Utility System co ponent, Public Improvement, or Public Property damag by such locati n, construction, reconstruction, replacement or repair wo k. Further, wi out limiting the generality of the foregoing, the Company sh 11 assume full responsibility for all losses, damages, costs and expenses for in uries to persons or property resulting from such location, constructi n, econstruction, replacement or repair, and shall defend or provide a defens to the City and its officers, employees and agents from and against all cl im of every nature with respect to such work, or where excavations have b n mad , in the repair of the same or resulting or arising from delay or f 'lure to estore the Public Property to its former condition, or resulting from a failu a to properly barricade such excava- tions. If the Company f ils to repair o arrange with the City for the proper repair of any Publi Property after ex vations have been made, and after five days' notice writingto do so, gi n to its District Manager - Con- struction, then to City may make such repaiis at the expense of the Company. Section 5. The Company is authorized to make excavations in, City streets, avenues, alleys and public places for purposes of routine repair, replacement, and maintenance of poles, wires, lines or other electric utility system compo- nents associated with its transmission line. In making such excavations, the ///00 7 Company shall obtain a permit therefore purusant to Chapter 31, Article II of the City of Iowa City Code of Ordinances, shall not unnecessarily obstruct the use of streets, ave es, alleys or public places, shall provide the Public Works Dir\hall ith 24 hours notice prior to the actual commencement of the work, andomply with all provisions andrequirements of Chapter 31 in performingork. In emergencies which equire inmeidate excava- tion, the Compaproceed with the work wi out first applying for or obtaining the peovided, however, that a Company shall apply for and obtain the excavation per it as soon as pos ble after commencing such emer- gency work. (b) Failure to Comply; Remedie3 provisions of subsection (a) (i) repair or restore the condition of Company. The Cop ration; and / :f the Company fails to comply with the this Section, the City may Pubis Property to a condition as good as Prop ty prior to the disturbance by the shall pa the costs of such repair or resto- (ii) charge the Company twenty-five dol ars ($25.00) for each day the condition remains unremedied after receipt by the Company of notice the need for such repair orrestoration until the date of sat'sfactory repair or restoration of the Property. :ompany shall pay to the City its costs\and charges for such within thirty (30) days after receipt of the City's billing. 111f 8 Section 6. Work by Others, Construction by Abutting owners, Alteration to Conform with Public Improvements. The City reserves the right to lay, and permit to be laid, wires, pipes, cables, conduits, ducts, manholes and other appurtenances, and to do, or permit to be done, any underground and overhead installation or improvement that may be deemed necessary or proper by the City in, across, along, over or under any Public Pro erty occupied by the Company, and/to change any curb or sidewalk or the grade f any street: In permitti g others to do such work, the City shall not be li ble to the Company fo any damage so caused. The City shall not be liable t the Company for ny damages arising out of the performance of such work by th City or it employees, agents, contractors or subcontractors; provided, howeve , not ng herein shall relieve any other person or corporation from liabil ty for damage to the Company's Utility Facilities. r� The requirements of this L'cense Agreement\hal apply fully to all persons, firms or corporations pe forming work for Company under a contract or other type of work orae (a) Use. The f bre optic cable system and related facilities erected by the Company within the City shall conform to established grades of streets, alleys and si ewalks, and be so located as to cause minimum interference with ///9 g i r other public utilities located in or upon Public Property, and to cause mini- mum interference with the rights or reasonable convenience of property owners s' who adjoin Public Property. (b) Interference w' h Traffic. The Company shall conduct its work hereunder in such manner as to as little interference as possible with pedestrian c use and vehicular traffic, nd shall abide by scheduling directions, if any, given by the Director of P plic Works. (c) Relocation. The Compan, shall; �on reasonable notice and at its sole cost and expense, remove, loca a and relocate its utility system components in, on, over or under any Publi P operty in such manner as the City may at any time requireAe purpo of facilitating the construction, recon- struction, mainteepair or ange in grade of any public improvement on, in or about Pu is Pro erty, for the purpose of promoting the efficient operatiuch improv ment, or for the purpose of facilitat- ing the vacation development o public right-of-way by the City. In the event the Coils to act wit in the allotted time, the City may cause the Utilitycomponents to b relocated, and the costs thereof shall be assessedCompany and shal be paid as provided in Section 5(b) hereof. (d) Placement of Facilities. The Company shallot place its Utility System Faciliti/ers, the Public Property where the same will interfere with the normal umaintenance of any Public Improvement, including but not lim- ited to s, alleys, sidewalks, traffic control devices, sanitary sewers, storm sestorm drains or water mains, or any Public Utility Facility. O 10 (e) Locator Service. Upon request, the Company agrees to assist in locating underground facilities which are part of its Utility System. Such assistance G Y; will be provided in a timely manner, but not more than forty-eight (48) hours after the time of the request. Nothing in this Agreementhall be construed to abridge the right or power of the City to make further regulations relative o the use of the streets, alleys and public grounds anyone using a same for the erection and maintenance of utility systems Section 10. Plans and Coordinate n. (a) Construction, Expansion, Re i and Rehabilitation Plans. On or before May 1 of each year, the C mpany shall provide the Public Works Depart- ment with a schedule sh wing all planned construction, expansion, reha- bilitation, repair, r reconstruc ion of the Company Utility System, except emergency w rk, which is lanned within the City, or within unincorporated ar as within two (2) iles of the City's corporate lim its, during th next five years. (b) As Built ans. Upon completion of wo�1k, the Company shall promptly furnish o the City copies of "as built" plans related to its Utility \\ i System located on Public Property. I I 11 Section 11. Maos Records Reports and Documents. (a) Maintenance of Records. The Company shall keep complete and accurate maps and records ontheoperation of its transmission line under and in connection with thiD License Agreement (b) Examination and A d at reasonable times an review, and/or obtain co records of the Company pe fully cooperate in making these activities.- (c) ctivities. t of Records. The City shall have the right, for reasonable purposes, /amine, audit, ies of the documents, aps, plans and other taining to this Lic�. The Company shall vailable recor�s` and otherwise assisting in (c) Inquiries. The City may, at the Company's operation of the The Company shall respond to u days of an inquiry. ,time, make reasonable inquiries as to id transmission line within the City. inquiries within fourteen (14) working (d) Annual Report. On o before the f rst day of May of each year during the term of this Li ense Agreement, t e Company shall file with the City a corrected list of facilities, and n up-to-date map of its Utilit I y Systems, showi g all Facilities newly installed, extended or removed during the pr vious calendar year, as wel as those currently in use. (e) Filings . Copies of all — P petitions, applications, communications and reports submitted by the Company to the Utilities Division of the Iowa Department of Commerce, or any other regulatory agency, in respect to r 12 any matters affecting the said fibre optic cable system within Iowa City, or within two miles thereof, shall be provided to the City at the time such documents are filed with the agency. . Violations o (a) Default. Upon eviden a being received by the City that a violation or breach of this License\he , or codes or ordinances lawfully regu- lating the Company in ion of said transmission line, or in the use of the Public Proefore, is occcGrring, or has occurred, (hereinafter referred efault") the City shall cause an inves- tigation to be made. tyZdes /hat a default exists or has occurred, the City mayprsteps to secure compliance with the terms of this Agreeor ordinances. (b) Notice of Default. The City sh 11 n tify the Company of the default and I the Company shall cure such efault ithin thirty (30) days after re- ceipt of such notice. (c) Remedies for DefaulVy If the Company fail to cure a default within the time allowed, the Cshall have the righ to: (i) seek spa fic performance; or (ii) remedy the default by doing the act its lf, or through a contrac- tor, and charge the costs of such work to the Company; or (iii) seek damages for such default; or (iv) any combination of (i), (ii) and (iii). ABY 13 The Company shall also be liable for reasonable attorneys' fees and € costs incurred by the City in pursuing any such course of action (in- cluding payment for time spent by in-house attorneys), together with is interest on out-of;pocket costs expended hereunder at the rate of 9.75% per annum. r t i Section 13. Liability, ndemnification and Insurance.. P Y i The Company covenants to ind nify, defend, and save the City and its offi- ! cern, agents and employees, ha mless from any and all damages arising, di- rectly or indirectly, from exerci a of the rights granted herein. Damages to crops, fences, or other property of the ity or its franchisees, licensees or j tenants during the original construe on and subsequent maintenance, repair i and use of the Public Property s al be promptly compensated for by the Company. The Company agrees to /ainin in effec during the entire term of this Agreement liability insuin comprehensie form and in the amounts as set forth in Exhibit B heret Company's Certificate of Insurance. ion 14. Licens The Compan/pa 1 pay an annual license fee of $1,000.00 to the City, said fee to be n advance each year on the anniversary date of this Agree- ment, oraCompany's option a one-time discounted fee of $5,825.00 due upon execution hereof. 1111f 14 Section 15. Severability In the event that a court of competent jurisdiction shall adjudge any provi- sion or provisions hereof invalid or illegal, or direct a change by the Company in any matter or thing herein contained, such invalidity or ille- gality or changshall in no way affect the remaining provisions of this Agreement or their lidity or legality, and2-is Agreement in all other respects shall continue full force and eff ct, as if said provision or provisions had not been so djudged /invallir illegal, or such change had not been directed, or shall, at the Cion, cause a termination of the Agreement. Section 16. Prior Licenses All grants, franchises, agre/ments, franch\ses-in-fact, rights, licenses, and privileges heretofore mad or granted by th City to the Company, by ordi- t nance or otherwise, and all rights of the Comp ny thereunder made by the City to others from which he Company may have purch ed its rights or interests, i are hereby merged into this Agreement, it beinn the intention that this Agreement shall c ntain all grants, franchises, agreements, rights, licenses, privileges, and obligations of the Company relating to the said fibre optic cable system. I 15 Section 17. Assignment. This Agreement shall not be assignable without the express consent of the City Council of the City; such consent to be evidenced by an ordinance or resolution that fully recites the terms and conditions, if any, upon which such consent is given. Section 18. Vacate n of Streets and Alleyl So long as the Company a ercises the r ghts granted to it hereunder, the City i will not, by ordinance or otherwis , vacate any street, alley or public way in which the Company has in alle its fibre optic cable system without re- serving such rights as necessa to allow continued use of such Property for the said fibre optic cable sys a in accordance with the terms of this Agree- ment, provided that nothing herei shall limit the City's right to require the Company to relocate i s transm ssion line as provided in Section 8(d) hereof.- Section ereof.Section 19. Deliver of Notices. Exce as may be expressly provided in i Sections 4 and 5 he eof, any notices hereun er shall be in writing and shall i be delivered viartified mail, addressed to the parties as follows, unless otherwise indicajed in the future: If toicensor: City Manager City of Iowa City 410 E. Washington St. Iowa City, Iowa 52240 16 If to Licensee: AT&T District Manager - Construction One North Wacker Drive Chicago, Illinois 60606 provided, however, /that in the case of an emergency, notices may be given verbally to the aVadd persons. In su � case, written confirmation should be providedcontained her in shall prevent other forms of notice if actually the address e. Notice shall be deen date f mailing in case of certified mail, or otherwise onthe datic is received. THIS AGREEMENT is eas of the day of 1987. ATTEST CITY OF IOWA CITY, IOWA LICENSOR 17 JOHNSON COUNTY ) SS STATE OF IOWA ) On this day of 19_, before me, the under- signed, a Notary Public in and for the State of Iowa, personally appeared John McDonald and Marian K. Karr, to me personally known, and who being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Iowa City, Iowa; that the seal affixed to the foregoing instru- ment is the corporate sealo the corporation, and that the instrument was signed and sealed on behalf of the corporation; by authority of its City Council, as contained in (rdinance) (Resolution) No. passed (the Resolution adopted) by the ity Council, under Roll Call No — of the City Council on theday of , 19 and that John McDonald and Marian rr acknow a ge a execu ion ol"tNe -instrument to be their voluntary act andeed and the voluntary act and deed of the corporation, by it voluntarily executed. / owa LICENSEE COMMUNICATIONS OF THE MIDWEST, INC. Nancy L. Eichler, Supervisor AT&T Communications Inc., Agent COOK COUNTY ) SS STATE OF ILLINOIS ) On this day of 19 before me, the under- signed,,a Notary, Public in nd for the State o Illinois, personally appeared Nancy L. Eichler, to me pe, sonally known, who b ing by me duly sworn, did say that she is the Supervis F of the corporation executing the foregoing instru- ment; that the instrume t was signed (and sealed) on behalf of the corpora- tion by authority of its Board of Directort; that Nancy L. Eichler acknowledged the execu ion of the instrument to be\the voluntary act and deed of the corporation, by it and by her voluntarily executed. Notary Public in and for the State of Illinois i k;Lt B PRODUCER CH0022 NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Marsh & McLennan Inc. 1221 Avenue of t{le Americas COMPANIES AFFORDING COVERAGE New York, NY 10020 COMPANY LETTER A Self Insured Retention COMPANY artfd9sraceopay INSURED LETTER B Travelers Insurance AT&T Communications COMPANY 340 Ht. -Kemble Avenue LETTER C Various British Led by Weavers Morristown, N.7 07960 COMPANY LETTER D Self Insured Retention COMPANY THIS IS TO CERTIFY THAT POLICIES OF INSURANQE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,JA TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, T INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, JOHNSON COUNTY SECONDARY ROAD DEPT. PO BOX 126, IOWA CITY, IA. Ex YV X«I Vf IIIC IIY VYC VCiLM11 VLV /VLI LI[i YG M«LGLLG✓ uG PIR AT ION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESf,NTAT IVES. , rrurarvruuruawuuua<«r«ru«ua««rx«ruraaur«u,m,Y«u«u«aa«u«w.....«««..........x.....«..................ox................................................,................................................... .. ' POLICY EFFECTIVE POLICY EXPIRATION LIABILITY LIMITS IN THOUSANDS ' CO \ LTR TYPE OF INSURANCE POLICY NUMBER (NM/DD/YY) (MM/DD/YY) EACH OCCURRENCE AGGREGATE GENERAL LIABILITY BODILY COMPREHENSIVE FORM INJURY S S _ PREMISES/OPERATIONS PROPERTY UNDERGROUND EXPLOSION & 71nS11adtention COLLAPSE HAZARD DAMAGE f S _ PRODUCTS/COMPLETED OPERATIONS 81 & PO 11 A _ CONTRACTUAL _ INDEPENDENT CONTRACTORS $2.5 millio COMBINED f f _ BROAD FORM PROPERTY DAMAGE PERSONAL INJURY _ PERSONAL INJURY Ii Is A TOMOBILE LIABILITY BODILY INJURY X ANY AUTO(PER / PERSON) S ALL OWNED AUTOS (PRIV. PASS.) 'WILY INJURY OD ALL OWNED AUTOS (OTHER THAN ) (PER ACCIDENT) S i (PRIV. PASS.) - \ PROPERTY B HIRED AUTOS to CLRML 1733 E 4/1/87 4/1/88 _ _ NON -OWNED AUTOS DAMAGE f GARAGE LIABILITY / 10XSG1878 4/1/87 el & PO 2500 _ TRJCAP-199T163.7-87 4/1/88 12/31/88•• TRJCAP-199TI64.7.87 4/1/88 12/31/88•• COMBINED $ 1000 ••:.ii i:` :i`i;` EXCESS LIABI T� BI & PD C X UMBRELLA FORMPY3.14185 10/15/87 10/15/88 COMBINED 5 5000 f 5000 OTHER THAN UMBRELL FORM_ WORKERS' COMSENSATION STATUTORY D AND Self Insured Retention S (EACH ACCIDEWT> EMPLOYERSJ'LIABILITY `" S (DISEASE -POLICY LIMIT)� S (DISEASE -EACH EMPLOYEE)' OTHER Different Limits E Exees9 Llorkors Camp. C -12740-R 8/1/87 8/1/88 In Various States DESCRIIIIION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS All Operations of the Insured. ERTIFICATE NOLDEnjiIIGGiGiGiiIIGGiGiiiiGGGiGIiGiii3GGliGliiiiGl3GlillGGicnxcELLAr1oRGttG3i33tGiliiiitlGGiGGiGitGGltitiUGllilitn;itGlitiGUtlGiiitiiMlillrltittiitiliittiiittiliiltiiGGiG{J, JOHNSON COUNTY SECONDARY ROAD DEPT. PO BOX 126, IOWA CITY, IA. Ex YV X«I Vf IIIC IIY VYC VCiLM11 VLV /VLI LI[i YG M«LGLLG✓ uG PIR AT ION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY Of ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESf,NTAT IVES. , rrurarvruuruawuuua<«r«ru«ua««rx«ruraaur«u,m,Y«u«u«aa«u«w.....«««..........x.....«..................ox................................................,................................................... .. ' RESOLUTION NO. 88-169 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF IOWA CITY, IOWA, that the following positions shall receive as salary compensation that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for serves as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective June 25, 1988: City Manager - $67,912.00 annually City Clerk - $31,512.00 annually It was moved by Ambrisco and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney x Dickson x Horowitz x Larson x McDonald �— Strait Passed and approved this 26th ATTEST: 224,4,. -A"-' CITY CLERK day of July 1988. as /td Form 7�6D/n. OF PRECEDING DOCUMENT ly RESOLUTION N0. 88-169 RESOLUTION ON UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY MANAGER AND CITY CLERK r WHEREAS, the City of Iowa City, Iowa, employs certain personnel subject solely to the action of the City Council referred to as unclassified personnel, and WHEREAS, it is necessary to establish salaries for the said unclassified personnel. THEREFORE, theEFfollowingT positions 8shallEreceiveCITYOasNsalarOUCILOy compensatiF IOWA on that amount which is set forth in lieu of all other fees and compensation as otherwise provided by law, and where said employee shall receive or collect any fees or other compensation from others for serves as such employee, the same shall be paid to the City Treasury. BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA, that the following salaries are hereby established for the following persons effective June 25, 1988: City Manager - $67,912.00 annually City Clerk - $31,512.00 annually It was moved by Ambris--CO —_ and seconded by Courtney the Resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Ambrisco x Courtney �— Dickson x Horowitz x x Larson McDonald �— Strait Passed and approved this 26th day of July 1988. YOR App e as Form ATTEST:/ J lY 9Con J CITY CLERK T..., e.. ---gym"" s2 r r ORDINANCE NO. 88-3387 AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED "TAXATION AND REVENUE" OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTION 32.1-63 THEREIN TO INCREASE THE AMOUNT OF THE FINE PROVIDED FOR ILLEGAL PARKING FOR A HANDICAPPED ZONE AS REQUIRED BY SECTIONS 601E.6 AND 805.8 OF THE IOWA CODE, AS AMENDED. PREAMBLE: ` WHEREAS, the Iowa Legislature did during the 1988 Legislative Session, pursuant to Senate File 2017, amend Code Section 601E.6 and 805.8 of the t Iowa Code to increase the amount of the required fine for -illegal parking in a handicapped parking space from $15 to $25; and WHEREAS, the City's fine for said offense must be equivalent to that set forth in the Iowa Code. z NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: (: SECTION I. That Chapter 32.1, "Taxation and Revenue" of the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Section 32.1-63, and enacting in lieu thereof a new section to be codified the same to read as follows: Section 32.1-63. Fees or Charges Authorized in Chapter 23. Municipal Code Section F Authorizing Fee, Charge, Description of Fee, i Fine or Penalty Charge, Fine, or Penalty Charge 23-249 Fee for contractor reservation of $ 4.00/day space (meter hood) Show -up fee charged by tow truck 520.00/day operator 23-274 Parking meter fees: Central business district on -street $ 0.40/hour meter Central business district lot meter $ 0.40/hour t Peripheral on -street meter (outside $ 0.30/hour central business district) Peripheral lot meter (outside $ 0.30/hour 6 central business district) F Meter hood/contractor f 4.OD/day a 23-277 Fees for parking in city parking lots and structures: Municipal parking lot (adjacent to Ramp B) Monthly All -Day Permits $ 40.00/mo. a Monthly All -Day Permits (annual advance -payment) $456.00/yr. Monthly Off -Hours Permits (after 5 PM, Mon -Fri, all day Saturday and Sunday) $ 29.00/mo. Lot Permits - all other municipal lots $ 30.00/mo. Monthly All -Day Permits $ 30.00/mo. Monthly All -Day Permits (annual advance -payment) $342.00/yr. City Employee Lot Permits $ 15.00/mo. Parking Ramps A and B: Hourly Parker $ 0.40/hour Monthly All -Day Permits $ 40.00/mo. Monthly All -Day Permits (annual advance -payment) 5456.00/yr. Monthly Off -Hours Permits $ 29.00/mo. The above hourly parking rates *er parking ramps will apply to both parking ramps, with the exception of cars exiting when a cashier is not on -duty; a flat rate of $0.75 shall apply and be deposited at the exit gate. Reissue of lost/stolen permits $ 2.00/each reissue 23-279 Penalties for parking violations: Overtime parking $ 3.00 Expired meter $ 3.00 Prohibited zone $ 5.00 Illegal parking -handicapped parking $25.00 space One-hour restricted zone - Civic Center lot S 3.00 All other illegal parking violations this chapter $ 5.00 SECTION II. SEVERABILITY: If any of the provisions of this Ordinance are for any reason declared illegal or void, then the lawful provisions of this Ordinance, which are severable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Ordinance contained no illegal or void provisions. SECTION II1. REPEALFR. All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. Those are: Ord. No. 87-3342, 91, part, Section 32.1-63, 9/8/87. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in full force and effect from and after its final passage, approval and publication as by law provided. Passed and approved this 26th day of July, 1988. OR ATTEST: %%7o ua��i �f• �Co�. CITY CLERK 11q i Y e Appr d as orm Lega Department 1 i Y e Appr d as orm Lega Department It was moved by Courtney and seconded by Horowitz that the Ordinance as read be a odd and upon roll ca ere were: AYES: NAYS: ABSENT: X Ambrisco X— Courtney _ X Dickson X Horowitz —X_ Larson X McDonald X Strait First Consideration --------- Vote for passage: Second Consideration 7/12/88 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Nays: None. Absent: None. Date published 7/30/88 Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time.- Ayes: Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald. Nays: None. Absent: None. i i It was moved by Courtney and seconded by Horowitz that the Ordinance as read be a odd and upon roll ca ere were: AYES: NAYS: ABSENT: X Ambrisco X— Courtney _ X Dickson X Horowitz —X_ Larson X McDonald X Strait First Consideration --------- Vote for passage: Second Consideration 7/12/88 Vote for passage: Ayes: Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald, Strait. Nays: None. Absent: None. Date published 7/30/88 Moved by Courtney, seconded by Strait, that the rule requiring ordinances to be considered and voted on for passage at two council meetings prior to the meeting at which it is to be finally passed be suspended, the first consideration be waived and the ordinance be given second consideration at this time.- Ayes: Strait, Ambrisco, Courtney, Dickson, Horowitz, Larson, McDonald. Nays: None. Absent: None. a City of Iowa City MEMORANDUM DATE: July 15, 1988 10: Memo for Record FROM: City Manager IF: Material Sent to Council Only Informal agendas and meeting schedule. Memorandum from the Planning staff regarding wetland fill south of Taft Speedway. Memorandum from the President of the Library Board of Trustees and the Library's Proposed Five -Year Plan. Ltr. from Douglas W. Jones regarding wetland fill south of Taft Speedway. i i i City of Iowa City MEMORANDUM DATE: July 15, 1988 TO: City Council FROM: City Manager RE: Informal Agenda and Meeting Schedule July 18 1988 Monday 6:30 - 8:00 P.M. SPECIAL INFORMAL COUNCIL MEETING - Council Chambers 6:30 P.M. - Riverfront Commission recommendation regarding Corps of Engineers Public Notice - Application by Jim Glasgow Construction 7:00 P.M. - Discuss process for filling City Council vacancy. 7:45 P.M. - Council time, Council committee reports July 25 1988 Monday NO INFORMAL COUNCIL MEETING July 26 1988 Tuesday 6:30 - 7:30 P.M. Council Chambers 6:30 P.M. - Review zoning matters 6:50 P.M. - Abandoned Building Ordinance 7:00 P.M. - Newspaper Vending Machines 7:15 P.M. - Council agenda, Council time, Council Committee reports 7:30 P.M. - Regular Council Meeting - Council Chambers PENDING ITEMS Leasing of Airport Land for Commercial Use Airport Status Update Stormwater Management Ordinance Review East Side Storm Drainage Improvements Environmental Issues re. Land Development Future Downtown Development Study Appointment to Housing Commission - August 9, 1988 Appointment to Committee on Community Needs - August 23, 1988 a City of Iowa City MEMORANDUM DATE: July 18, 1988 TO: City Council FROM: Melody Rockwell, Associate Planner R E : Forested Wetlands Jurisdiction Following the special meeting of the Riverfront Commission on July 13, 1988, more detailed information was received from the U. S. Army Corps of Engineers on the Glasgow Construction Co, application to place fill and riprap on property located south of Taft Speedway and west of N. Dubuque Street. According to Bill Lehmann of the Corps, at one time the entire tract was assumed to be a wetland. A Corps biologist has sampled four areas of the property and determined that the remaining, predominant vegetation is that of a forested wetland. The Corps did not have jurisdiction over forested wetlands until February 29. 1988, when a federal rule for Multiple Parameter Delineation of Wetland Evaluations and Procedures went into effect. The Corps considers that it has no jurisdiction over the area with existing fill (30,000 cubic yards), because the fill was placed there prior to February 29, 1988. This is why a request for an "after -the -fact" permit for the existing fill is not part of the application before you. The current application requests a permit to push 5,000 cubic yards of the stockpiled fill into the irregularly shaped area between the existing fill and the setbacks from the river (150') and the drainage ditch (50') and to place riprap on the riverbank and a portion of the banks of the drainage ditch. Because the Corps does not have the authority to require that the existing fill be removed, I have revised the request you received from the Riverfront Commission. The following comment reflects the Riverfront Commission's intent that no further degradation of the area be permitted, but is based on the U. S. Army Corps of Engineers jurisdiction over forested wetlands as of February 29, 1988: THAT THE CITY COUNCIL FORMALLY REQUEST THAT THE U. S. ARMY CORPS OF ENGINEERS, IN ACCORDANCE WITH THE PROVISIONS CONCERNING FORESTED WETLANDS IN SECTION 404 OF THE CLEAN WATER ACT, DENY THE APPLICATION FROM GLASGOW CONSTRUCTION CO. FOR A PERMIT TO FILL AND RIPRAP; THAT IS, URGE THAT ANY FURTHER FILL OF THE PROPERTY IN QUESTION BE PROHIBITED. 1/R 2 I City of Iowa City MEMORANDUM Date: July 14, 1988 To: City Council ry�pr�. From: Melody Rockwell, As' sociate Planner Re: Wetland Fill South of Taft Speedway At the July 6, 1988, Riverfront Commission meeting, the Commission unanimously approved a recommendation to Council which stated that in cases of apparent violations of placement of debris and earthen fill in the floodplain or wetlands in Iowa City, staff should investigate and request state and federal authorities to enforce environmental regula- tions, including requiring the removal of fill. This recommendation to Council was formulated in response to several questionable fill situations along the Iowa River, and in particular to II e being pil d on the ten of N. DubuquerStreet. located Monday,, Julytely south 11,-1988, the Commission received a Joint Public Notice from the U.S. Army Corps of Engineers and the Iowa Department of Natural Resources concerning an application from Jim Glasgow Construction for fill and riprapping of this property "which has been determined to be a forested Wetland adjacent to the Iowa River." A copy of the notice is attached. The expiration date for the Corps to receive comments on this application is July 26, 1988. At a special meeting on July 13, 1988, the Riverfront Commission reviewed the Joint Public Notice, the chronology of events with regard to the filling operation on the property in question, and information on Section 404 of the Water Act the Commission n formulated reand �nunanimously approvedsato wetlds. dRECOMMENDATIONeTon this O COUNCIL THAT THE U.S. ARMY CORPS OF ENGINEERS BE FORMALLY REQUESTED TO ENFORCE THE WETLANDS PROVISIONS OF SECTION 404, THE CLEAN WATER ACT. SPECIFICALLY, F FROM AREAS OFHETHERPTRACTULWHICHUIRE HADTHE BEENPROPERTY DETERMINEDNER TO BY THE CORPSETFLL OIBE WETLANDS AND RESTORE -THOSE WETLANDS TO PREVIOUS CONDITIONS. The Commission requests that this comment be forwarded by the City to the Corps prior to July 26, 1988, the expiration date for the comment period, and that copies be sent to the Iowa Department of Natural Resources, the U.S. Fish and Wildlife Service, the U.S. Environmental Protection Agency, and the East Central Iowa Council of Governments. The Commission's recommendation is based on the following information and viewpoints: There is no indication that the property owner contacted state or federal UnderrSectionh404eofithepCleansWateroArr cto anyonenwii ho proposeslto fr11 insa wetland must first obtain a permit from the U.S. Army Corps of Engineers. The Corps administers the permit program under the guidelines established by the U.S. Environmental Protection Agency. On March 9, 1988, the Corps provided written notice to Glasgow Construc- tion Company that the placement of fill in the wetlands located on your //aa K property adjacent to the Iowa River...is violating the Clean Water Act." The Corps had conducted a site visit on March 3, 1988, which resulted in the written notice to "cease and desist all unauthorized activities at the subject site which are in violation of the Federal law." The 404 program protects wetlands adjacent to and, in some cases, isolated from navigable waters, as well as those along navigable waters. In 1977, the Corps defined the term "wetlands" to mean "those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas." In 1985, the United States Supreme Court rejected a court of appeals conclusion that wetlands must be inundated or frequently flooded by an adjacent body of water to qualify under Section 404, stating, "the regulation could hardly state more clearly that saturation by either surface or ground water is sufficient to bring an area within the category of wetlands, provided the saturation is sufficient to and does support wetland vegetation." pP Developers sometimes unknowingly fill in a wetland and later find out they need'a permit from the Corps. In these cases, the Corps usually issues what is called an "after -the -fact" permit -- one that is conditioned on mitigating damage to the wetland. An "after -the -fact" permit usually comes with a fine. There is no clear indication that in this case the Corps is requiring removal of fill and restoration of the wetland area as part of the "after -the -fact" permit issuance. The Riverfront Commission considers that the wetland existing at the Property in question was a last remnant on this stretch of the river of this type of ecological resource which contributes to the health of the fish population and the health of the river. The Commission noted that the Coralville Milldam and the Burlington Street Dam preclude fish migration upstream or downstream to other wetlands or spawning areas. The background articles on wetlands listed below have been enclosed for Your review. If you should have any questions concerning this matter, please feel free to call me at 356-5251. cc: Don Schmeiser, Director, Planning & Program Development bj/pc2 I I. "A Wetland is a Wetland is a Wetland..." Urban Land. Jeffrey H. Mills, Dwight Merriam and Patricia A. Ayars, May 1986. 2. "Attleboro Mall -- Risky Business under Section 404" Urban Land. Geraldine Bachman, February 1987. 3. "EPA Gets Tough with Developers" Urban Land. David Salvesen, June 1988. I Joint Public Notice US Army Corps of Engineers Iowa Department of Natural Resources 1. General Information. a. Applicant. Jim Glasgow Construction, Rural Route 6. Iowa City, Iowa 52240. b. Project Location. Section 3, Township 79 North. Range 6 pest in Iowa City, Johnson County, Iowa; Iowa River, c• C. Project Description. Thejkpplicsnt is in the process of constructing a new housing development. As of February 29, 1988, approximately 30,000 cubic yards of fill material had been placed on a 1D -acre parcel of land. Approximately 5000 cubic yards of the stockpiled fill will be placed along the perimeter of the project site. This area has been determined to be a forested wetland adjacent to the Iowa River and placement of fill will require Department of the Army authorization. No earthen fill will be pieced within 150 feet of the Iowa River and no earthen fill will be placed within 50 feet of the drainage ditch. The final elevation of the major area of the project site will be 648 feet, mean,saa level (msl). The perimeter fill area will be 646 feet, mel. Approximately 160 feet of the Iwo River bank and the lower 30 feet of both banks of the drainage ditch will be covered with a 2 - inch -diameter stone -base and approximately 100 cubic yards of broken concrete riprap. The purpose of the project is to provide additional residential housing in the Iowa City area. d. Project plans. The applicant's plane have been reproduced on the attached sheet(s). 2. Agency Review and phare to Reply. a. Department of the Army. Corps of Engineers. The Department of the Army application is being processed under the provisions of Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Comments concerning the Corps petnit should be addressed to the District Engineer, US Amoy Corps of Engineers, Rock Island District, Clock Tower Building - Poet Office Box 2004, Rock Island, Illinois 61204-2004. Mr. Bill Lehmann (309/788-6361, extension 379) may be contacted for additional information. n 9 RECEIVEDJUL 7 1988 "•,' Public Notice US Army Corpa of Englnaen RockWarxlCistrm Applicant: Jim Glasgow Construction Date' July 6, 1988 res,' u Y 98� Public Notice No: CENCR-167470 Section: 404 Joint Public Notice US Army Corps of Engineers Iowa Department of Natural Resources 1. General Information. a. Applicant. Jim Glasgow Construction, Rural Route 6. Iowa City, Iowa 52240. b. Project Location. Section 3, Township 79 North. Range 6 pest in Iowa City, Johnson County, Iowa; Iowa River, c• C. Project Description. Thejkpplicsnt is in the process of constructing a new housing development. As of February 29, 1988, approximately 30,000 cubic yards of fill material had been placed on a 1D -acre parcel of land. Approximately 5000 cubic yards of the stockpiled fill will be placed along the perimeter of the project site. This area has been determined to be a forested wetland adjacent to the Iowa River and placement of fill will require Department of the Army authorization. No earthen fill will be pieced within 150 feet of the Iowa River and no earthen fill will be placed within 50 feet of the drainage ditch. The final elevation of the major area of the project site will be 648 feet, mean,saa level (msl). The perimeter fill area will be 646 feet, mel. Approximately 160 feet of the Iwo River bank and the lower 30 feet of both banks of the drainage ditch will be covered with a 2 - inch -diameter stone -base and approximately 100 cubic yards of broken concrete riprap. The purpose of the project is to provide additional residential housing in the Iowa City area. d. Project plans. The applicant's plane have been reproduced on the attached sheet(s). 2. Agency Review and phare to Reply. a. Department of the Army. Corps of Engineers. The Department of the Army application is being processed under the provisions of Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. 403) and Section 404 of the Clean Water Act (33 U.S.C. 1344). Comments concerning the Corps petnit should be addressed to the District Engineer, US Amoy Corps of Engineers, Rock Island District, Clock Tower Building - Poet Office Box 2004, Rock Island, Illinois 61204-2004. Mr. Bill Lehmann (309/788-6361, extension 379) may be contacted for additional information. n 9 b. State of Iwe. The project plans have been submitted to the Iowa Department of Natural Resources for state certification of the proposed work in accordance with Section 401 of the Clean Water Act. The certification, if issued, will express the Department's opinion that the proposed activity will comply with Iowa's water quality standards (Chapter 61 IAC). The applicant has also applied for authorization of work in the floodplain pursuant to ' Chapter 455B of the Iowa Code and other applicable state permits. Written comments concerning possible impacts to waters of Iowa should be addressed to: Iwe Department of Natural Resources, 900 East Grand Avenue, Des Moines. Iowa 50319. A copy of the comments should be provided to the Corps of Engineers office (see paragraph 2.a, of this public notice for address). 3. Historical/Archaeological, The staff has consulted the latest published version -of the National Register of Historical Places and found no registered properties, nor properties eligible for inclusion therein, that would be affected by the applicant's proposed activity. However, presently unknown archaeological, scientific, prehistoric, or historical data may be lost or destroyed by the proposed work. 4. Endangered Species. Preliminary review by District staff indicates that the proposed activity is not likely to jeopardize the continued existence of any species or the critical habitat of any fish and wildlife, or plant which is designated as endangered or threatened pursuant to the Endangered Species Act of 1973 as amended (16 U.S.C. 1531 aa0� seq.). Therefore, no formal consultation request has been made to the\United States Department of the Interior, Fish and Wildlife Service. 5. Dredge/Fill Material Guidelines. The evaluation of the impact of the proposed activity on the public interest will also include application of the guidelines promulgated by the Administrator of the United States Environmental Protection Agency under authority of Section 404(b) of the Clean Water Act (40 CFR Part 230). 6. Public Interest Review. The decision whether to issue the Corps permit will be based on an evaluation of the probable impact including cumulative impacts of the proposed activity on the public interest. That decision will reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the proposal must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the proposal will be considered including the cumulative effects thereof; among those are conservation, econ®ice, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, floodplain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. 7. Who Should Reply. Any interested parties, particularly navigation interests, Federal and state agencies for the protection of fish and wildlife, —2— and the officials of any state, torn, or local association whose interests may be affected by the proposed work, are invited to submit to this office written statements of facts, arguments, or objections thereto. These statements should be submitted on or before the expiration date specified at the top of page 1. Theme statements should bear upon the adequacy of plans and suitability of locations and should, if appropriate, suggest any changes considered desirable. 8. Public Hearing Requests. Any person may ea , in ting, within the comment period specified in this notice, tbet publfc hearing be held to consider this applicetlon. Requests for publi earings 1 •tate, with particularity, the reasons for holding a public has ng. A request may be denied if substantive reasons for holding a hearing are not provided. FOR THE COHNANDER: Attach Plan REQUEST TO POSTMASTERS: NCHAR, P. E. tions Division Please post this notice conspicuously and continuously until the expiration date specified at the top of page 1. NOTICE TO EDITORS: This notice is provided as background information for your use in formatting news stories. This notice is not a contract for classified display advertising, For more information cell the Rock Island District Public Affairs Office, 309/788-6361, ext 274. -3- I I ' TYPICAL SECTION owe GI•A500w RROJr C 7 S/YE 'fYLLNJAY./!I ABB Awvt n nI` m VICINITY MAP PIAN VIEW ADJACENT PROPERTY OWNERS Y •/Ioa r` 'NAME ADDRESS I •r• GL.11S GOu•I 9-34N. %1q{►JSON YIK m1w \ 1 tf /YINIH /Y/1Y4w AY NwMiL/ or- 3OUA CITY Oto E. L/ACMINWrOW LOCATION: 3. •,Aw.l II I 1 111 1 I 1 �r IY C _L/YY_)F}�u�blY vaRiM ,zocJA UYy • 1 .. WYrW YI l.r /f SHEET I OF 'fYLLNJAY./!I ABB Awvt n nI` m VICINITY MAP PIAN VIEW LIST OF ADJACENT PROPERTY OWNERS NO. 'NAME ADDRESS PROJECT DESCRIPTION: •r• GL.11S GOu•I 9-34N. %1q{►JSON YIK m1w \ 1 tf /YINIH /Y/1Y4w AY NwMiL/ or- 3OUA CITY Oto E. L/ACMINWrOW LOCATION: 3. .IOWA RIVER 111 1 I 1 �r IY C _L/YY_)F}�u�blY vaRiM ,zocJA UYy CENCR FORM 427 APPLICANT'S COPY SHEET I OF / ♦ , n/tn1�0. Lu I , � 1 I •�, „rsnaia a �;�� 167470 LIST OF ADJACENT PROPERTY OWNERS NO. 'NAME ADDRESS PROJECT DESCRIPTION: 1. 6{tOCE GL.11S GOu•I 9-34N. %1q{►JSON F/ll. P ,1 CEME.t/7 2. CITle or- 3OUA CITY Oto E. L/ACMINWrOW LOCATION: 3. .IOWA RIVER 4. vaRiM ,zocJA UYy CENCR FORM 427 APPLICANT'S COPY SHEET I OF F • Operations Division March ?, 1408 Mr. Jim Glasgow Glasgow Construction Company Rural 'Route 6 Iowa City, Iowa 52240 Dur Mr. Glasgow: The United States Army Corps of rngineers has been charged by Congress with the regulation of many activities occurring in waters of the United States. I am enclosing a brochure entitled 'Caring for the Nations Waters,' that briefly describes the lave under which we operate. The placement of fill in the wotland located on your property adjacent to the Town River in Section 3, Township 79 North, Range 6 West, Iowa City, Johnson County, Iowa, is violating the Clean Water Ac l (33 U.S.C. 1751 at teq.). rist•n no�t ou or an other e to c u se anJ Jes�ek ell unau ho�ited Fe oral rsw.- Thii cr�•mi)ns :n a foo until we complete an invas igation and our findings ore complete. We observed these violations while Inspect Ino the alta on March 3, 1988, The penalty for violation of the CIson Water Act is a fine of up to %5,000 per day for each violation. However, prior to seeking any ye malty, we will Site t Lo provide an administr iv• solution L.if a ro riat•. Our office and other rederal and state agencies will review the circumstances to determine what further action Is required to resolve this matter. To assist us in completing our report, we request you furnish this office, within 30 days of the date of this latter, any comments you have concerning the activity. These oomments should Include: (1) when the work was conducted: (2) who uerformed the work; (3) any forms of awthorListion you have received; (4) whether rederal, stat• or local finanelal assistance was provided for • work; if so, from whet agency or depmrtment and under what authority; (5) the reason for the work; (6) any plans you may have for a ditionwl work eyon at which has already been completed; ) drawings (Including dimensions snd re nshi to the river) showing the Parte as a iabruary 29, 1988, the area as it now appears, and your proposed work; and (8) any other relevant information. i ) i '' /JOHNSON/sac/aha Thus inf admi :id mutt h. auhm,i llyd l0 lhia office 1•y letter, You ere advised that any information which you furnish may be used against you if it is necessary for the Depsrime nt of Justice to undertake legal proceedings. The state and redo r.iI agencies rets iving 4 copy of this letter wilt I.e provided +rn ol.portunily to comment on this project, ones appropriate If* kniIs Ore available. Should you have any questions, please contact our Regulatory Functions Branch by letter, or telephone Mr. Neel Johnson, 309/788—E361, extension 3D9. Sincerely, ORIGINAL SIGNED BY Neil A. Smart 0 one , . Army District Engineer Enclosure Copies rurnishad: Mr, Ralph Turkle Iowa Department of Natural Resources Water Duality Planning Section llenry A. Wallace Building 900 East Grand Avenue Des Moines, Iowa 50319-0034 Mr, Larry J. Wilson, Director Iowa Department of Natural Resources Henry A. Wallace Building 900 Fast Grand Avenue Des Moines, Iowa 50313••0034 Mr. Richard C. Nelson Field Supervisor U.S. Department of the Interior rish and Wil.11ife Service Rock Island rield Office (FS) 1830 Second Avenue Rock Island, Illinois 61:01 Mr. Robert J. Koko, P.E. Chief, Section 404 Program U.S. Environmental Protection Aga Region VII 726 Minnesota Avenue Kansas city, Kansas EFI01 CF: —District File (OD) f9 OD -S 1 �i07 9 A WETLAND IS A WETLAND IS A WETLAND .. . Jeffrey H. Mills, Dwight Merriam, and Patricia A. Ayars Just as Gertrude Stein seemingly defined a rose somewhat generally, though irrefutably, the Su- preme Court, in ruling in United States v. Riverside Bayview Homo, Inc. 106 S.Ct. 455 (1985) defines wet- lands in sweepingly general terms. In essence: A wet- land is a wetland is a wetland. The Court's decision in Riverside Bayview represents the climax of a series of decisions and regulatory changes that have gradu- ally led to the broad powers now exercised under the Clean Water Act's Section 404 Dredge and Fill Per- mit Program. This latest decision, handed down without dissent, thoroughly asserts the U.S. Army Corps of Engi- neers' jurisdiction under Section 404 over a broad range of wetlands, spanning far beyond the naviga- ble waters and their tributaries to which the program had traditionally been confined. Where once the Corps had construed the act to cover only navigable waters, after years of'urisdictional evolution Section 404 now applies to all adjacent wetlands—such as bogs, swamps, marshes, or shallows—that need not even be flooded or inundated by navigable waters. That is, where once the Corps was limited to regguulat- ing well-defined bodies of water, today itsjuristiic- tion seems to spread over a large assortment of so- called wetlands. Spreading Scope of Section 404 To understand the Riverside Bayview case is first to understand the changing interpretations of the legislation affecting it. In 1972, Section 404 of the Federal Water Pollution Control Act (FWPCA) Amendments (SS U.S.C. Section I344) charged the Cores of Engineers with regulating by permit any discharge of dredged or fill materials into "navigable waters"—defined as "waters of the United States." After first strictly interpreting the act to cover only navigable waters, in 1975, the Corps issued regula- tions that redefined "the waters of the United States" to include tributaries of navigable waters, and that 14 Maly 86 / ME t (M also construed the act to cover all "freshwater wet- lands" adjacent to, and periodically inundated by, other waters protected under the statute. In 1977, the Corps refined its definition of wetlands: The term "wetlands" means those areas that are inun- dated or saturated by surface or groundwater at a fre. quency and duration sufficient to support, and that un- der normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil con. ditions. Wedands generally include swamps, marshes, bogs, and similar areas. These 1977 regulations were replaced in 1982 by the substantively identical regulations in force today. Changes in Section 404 regulations have withstood challenges at every level. Several lower federal count decisions especially those made in the U.S. Court of Appeals for the Fifth Circuit, which has been very active in Section 404 litigation—have supported the Corps's broad definition of wetlands. These courts have determined that, under the commerce clause of the Constitution, Congress asserted maximum feder- aljurisdiction over the nation's waters—to the extent that traditional tests of navigability should no longer limit wetlands regulation under the FW PCA. Thus, Section 404 has evolved into a "wetlands preservation" statute from what property rights ad- vocates claim was intended to be a "water quality" statute. The Supreme Court's decision in Riverside Bayview can only substantiate the preservationists' claim. The Riverside Bayview Case The issue in this latest ruling arose 10 years ago when Riverside Bayview Homes, Inc., prepared for construction of homes by filling in several acres of its 60 -acre Parcel of Michigan marshland lying one mile from lake St. Clair and 200 feet from Black Creek and the manmade Savan Drain. Having no Section 404 permit, Riverside nevertheless continued filling after it received a cease and desist order from the Corps of Engineers. On February 24, 1977, District Coun Judge Kennedy granted a preliminary m mc - tion against further filling on a large portion o?the land. Finding that Riverside's property was charac- terized by the presence of vegetation requiring satu- rated soil conditions for growth, that the saturation was due to groundwater, and that the land was adja- cent to a body of navigable water, the district court designated the property a wetland, subject to Corps jurisdiction. By the time Riverside Bayview Homes appealed to the U.S. Court of Appeals for the Sixth Circuit, the Corps had issued its 1977 regulations. The court found the 1977 regulations broader than the 1975 regulations and agreed with the trial court that Riv- erside's parcel included wetlands subject to Section 404 jurisdiction. The court of apppeals, however, reversed the rul- ing, holding that tlic semiaquatic nature of Bayview's 1/a<22 property was not due to frequent flooding by the nearby navigable waters and that the mere presence of tletl:mds vegetation was insufficient to bring Bay view's property under Section 404 jurisdiction. Focusing on the term "navigable waters." the court pointed out that the statute was not intended to af- fect property lying inland as far as one mile that had been farmed in the past and that was essentially sub- divided for development. By focusing on thesejuris- dictional questions, the court of appeals prepared the Supreme Court to examine the legislative intent behind the Clean Water Act and Corps interpreta- tions. In its unanimous ruling, the Supreme Court noted Congress's concern for the protection of water quali- ty and aquatic systems, as evidenced by the Clean Water Act, and especially by the outcome of the de- bate over the 1977 amendments. At that time, aware of the Corps's broad interpretation of the Clean Water Act, Congress considered narrowing the deli. nition of "navigable waters." Proponents of a more limited Section 404 contended that the Corps had far exceeded the intent of Congress. Opponents of the proposed changes argued that a narrower defini- tion would exclude vast stretches of crucial wetlands from Corpsjurisdiction. Congress ultimately rejected definitional changes, according to the Supreme Court, "in largge part because of its concern that pro- tection of we ands would be unduly hampered by a narrowed definition of 'navigable waters.' "The Court also emphasized that Congress had shown concern for wetlands in other ways: by enacting the amendment PProhibiting states from superseding the Corps's'urisdiction over waters that were actually naviggaable, "including wetlands adjacent thereto": and by appropriating $6 million for the Department Of the Interior to compile a National Wetlands In. ventory. The Supreme Court rejected the court of appeals' conclusion that wetlands must be inundated or fre- quently flooded by an adjacent body of water to qualify under Section 404, stating, "the regulation could hardly state more clearly that saturation by ei- ther surface or groundwater is sufficient to bring an area within the category of wetlands, provided that the saturation is sufficient to and does support wet- land vegetation." The Court's decision in Riverside Bayview will stem the tide of efforts to limit federal jurisdiction under Section 404 to navigable waters or to wetlands imme- diately adjacent, Where once the issue of Section 404 jurisdiction was navigability, it is now hydrology and vegetation. Where once the discerning question might have been, "Can I paddle a boat across it?" the appropriate question now is, "Does the property support any wetland vegetation?" A wetland subject to Corps of rigineersjurisdiction no longer has to be wet, or even pennd¢ally inundated. It need not be connected to, or flooded by, a navigable body of water. It dues need to be hydrologically related to a traditionally defined body of navigable water and be saturated frequently enough to support wetland veg. etation. The effect of the Riverside Bayview ruling is to place under the Corps of Engineers jurisidiction a wide range of borderline wetlands that are con- netted to larger aquatic systems. The decision poten- tially affects millions of acres of land and their owners. The Taking Issue Whether or not Section 404 should be a wetlands preservation statute is perhaps a moot issue now. Wetlands protection is locked into Section 404 by the Court's decision in Riverside Bayvieur, unless Congress acts to redefine "navigable waters." (An interesting nate, though, is that the day after the Riverside Bay- view decision was issued, the Senate confirmed Robert K. Dawson, who has sought to reduce federal regulation of wetlands, as assistant secretary of the Army for civil works.) The more interesting question for property owners is the taking issue. It might not be coinciden- tal that Hamilton Bank (see Urban Land, March 1986) and Riverside Bayview were decided on the same day by the U.S. Court of Appeals for the Sixth Circuit. (in Hamilton Bank, the court of appeals was can. cerned that a developer constrained from moving ahead with development despite an earlier approval might sustain a taking by regulation.) The court of appeals in Riverside Bayview asserted that a narrow definition of wetlands is necessary to avoid a "very real taking problem," a notion that was spurned by the Supreme Court, which noted that a remedy is available under the Tucker Act (which permits com- pensation for federal takings) if a party can establish that denial of a Corps permit prevents any "econom- ically viable" use of the land. The issue of compensa- tion for a regulatory taking, however, was left open by the Supreme Court's ruling in Riverside Bayview, as it was in the Court's derision in Hamilton Bank. The Supreme Court, however, has accepted a new takings case in MacDonald, Sommer and £rales v, County of Yolo and City of Davis, Califamia (No. 84.2015), which seems to suggest the Coun is look- ing for an oportunity to address the issue of com- pensation for land use regulations that diminish, even temporarily, a propeny's value. How this case, which was argued on March 26, 1986, will affect tak- hgs under Section 404 of the Clean Water Act, and hose Riverside 114ninv will affect the number of tak. ings claims remain to be seen. Without a definitive statement from the Court, a taking is a taking is a taking is a taking.... ■ Jeffrey H. Mills is a land use analvst at the law firm of Robinson R Cole in Hanford, Connecticut. Dwight 11er. Ham and Patricia A. Ayars are lawyers in the same firm. iU I:il(LT]] I Mat 86 55 //a .2- ■t.t.�t.ta�t.t.t.t•t.t•tt���t.t.t.■ ATTLEBORO MALL Risky Business under Section 404 Geraldine Bachman Sweedens Swamp is a small (50 -acre), ordinary, red maple swamp in southeastern Massachu- setts. In the terminologgyy of ecology, it is a cli- max wetland community. This mature, stable, for- ested wetland supports diverse wildlife and plant species. It is also at the center of a divisive land use controversy that will eventually strengthen federal regulations concerning development near wetlands. In late 1984, the Pyramid Companies applied for a permit to fill 32 acres of Sweedens Swamp in order to construct a 700,000 -square -foot regional shopping center, Newport Galleria, on its 80 -acre site. To miti- gate the destruction of wetlands. Pyramid proposed two measures: excavating an additional 13 acres of wetlands and nine acres of upland to make a new on- site wetland and creating a 36 -acre wetland in an abandoned gravel yit a few miles from the site. Inone 1985, after a long period of negotiation and dispute, the U.S, Army Corps of Engineers (hereafter referred to as the Corps), which adminis- trates the Clean Water Acis Section 404 permit pro - 2 February 87 l EHFI t. [95T gram regulating discharges of dredged or till mate. rials into U.S. waters (including wetiands), gave Pyramid the go-ahead under the condition that the success of the off-site mitigation be proved in prac- tice. The U.S. Environmental Protection Agency (EPA)—which in previous meetings with the devel- oper had indicated its disapproval of the project— thereupon initiated proceedings to veto the Corps Permit. During these proceedings, which culminated in a veto in May 1986, Pyramid was not allowed to do construction work. The EPA has vetoed fewer than a dozen projects since the dredge -and -fill permit program went into effect in 1972. Two primary reasons were cited for the veto: a wetland location is not required for a shopping center, and mitigation, in the EPA's view, is appropriate only when wetland losses are unavoid. able. Given the EPA's contention that at least one al- ternative location was available to the developer, the Filling-in of Sweedens Swamp was avoidable. For projects that are considering, but do not in- trinsically depend on, a water location, these two is- sues—the viability of alternative sites and the feasi- bility of mitigation—are at the heart of the Section 404 permit process. Much of the confusion Pyramid encountered in its effort to obtain the fill permit stemmed from disagreements on these issues be- tween the Corps and the EPA. The Site and its Geographical Context The city of Attleboro (population 35,000) and the town of North Attleboro (population 19,000) are sit- uated in southeastern Massachusetts, a region, which until recently, has been largely blue-collar and eco- nomically depressed. In the past two years, however, property values have risen significantly -45 percent in Attleboro. The area has long been ripe for a regional mall. In the mid-1970s, developers and anchor tenants alike identified it as an underserved market. In addition to the Sweedens Swamp site in Attleboro, adjacent to an 1.95 exit between Boston and Providence, two other sites in the area are under active consideration for development. New England Development is ppursuing plans for Emerald Square, a 625,000-syuare•fGot center on a 57 -acre parcel in North Attleboro at the junction of 1.295 (the beltway around Providence) and U.S. Route I. About seven miles south, in See- konk, Massachusetts, the Marathon Group of Com- panies is planning an 800,000 -square -foot mall on a 00 -acre parcel that is already partially developed. Sweedens Swamp serves a number of natural func. tions: Flood storage, pollution abatement, wildlife habitat provision, and, seasonally, groundwater re- charge. Pyramid maintains the swamp's functions were compromised 30 years ago when a swath of 1.95 was cut through it. While the interstate curtailed //ate water circulation, environmentalists and engineers maintain that the swamp functions satisfactorily and could be further improved by simple cleanup and enTneerin measures. They do not, however consid- er rt more than an ordinary wetland, and would not have made this a national issue had basic principles of wetlands regulation not been involved. Some resi. dents of Attleboro do not seem to value the swamp, which they use as an occasional dump, and many of them back plans for developing a shopping center on the site. The Review Apparatus Massachusetts has a strong tradition of local home rule. The cities and towns in the southeastern part of the state, unlike those nearer Boston, have had little experience with large development proposals, and do not have the communist' negotiating skills with which to bargain for modifications and improve- ments. When it became clear that developers were interested in building a regional shopping center in the area, the city of Atdeboro and the town of North Attleboro be n bitter competition for it. A better strategy for the two towns would have been to work together to draw up a plan that included an appro- pnate location for a regional mall, devised a formula to share tax and other project benefits, and allowed both towns to negotiate with developers from a posi- tion of joint strength. The state of Massachusetts requires the environ- mental review of large projects and of projects near wetlands. The state's 1989 Wetlands Protection Act allows only minimal (5,000 square feet) filling of web SEEKONK Sweedeea Swamp, err Ankbom Mauuhurem, war the rite of the Pyramid Computer' plueed rhoWq man. lands. This minor filling is allowed only if no alter. native exists and if a replacement wetland is created elsewhere. Any project Planned within 100 feet of a wetland must be filed with the local conservation commission and the state Department of Environ- mental Quality and Engineering (DEQE), which has elaborate appeal procedures and intervention pre. rogatives. The Massachusetts Environmental Impact Assessment (MEPA), another state process, is trig- gered if the project meets a set of complex threshold requirements pertainin to itssize and type and whether it is being developed by the public or pri- vate sector. On the federal level, Section 404 permit decisions are usually made by regional offices. A good working relationship is maintained among the New England regional offices of the three federal agencies with a pnmary role in permit decisions—the Corps, the EE PA, and the Fish and Wildlife Service. The Corps, responsible for issuance of Section 404 permits, is re- quired to account for the concerns of the Fish and Wildlife Service, which unlike the EPA cannot veto a decision to issue a permit, and to follow the (b)(1) guidelines drawn up by the EPA. Officials in the Sea tion 404 programs of these agencies admit to diffi. culties caused by the EPA's and the Corps's different interpretations of the (b)(1) guidelines, difficulties that were particularly evident in the Attleboro Mall case. The New England regional agencies meet every three weeks to review permit applications, 60 to 70 percent of which are handled routinely. A Project is assigned to one of the three agencies, which makes a site visit and presents its recommendations at the nextjoint review session, and a decision is made. For controversial projects, each agency conducts its own investigation. Pyramid's Tangle with the Permitting Procne The Sweedens Swamp site had already been par- tially taken through the permitting process before Pyramid decided to develop the Newport Galleria, believing it would be able to obtain the necessary permits. Approval from the Attleboro Conservation Commission and rezoning were obtained in 1981 by the Mugar Group from Boston, which, in ajoint venture with Federated Department Stores, was planning a regional mall. According to Pyramid staff, Mugar received a letter from the Corps saying the project's Section 404 obligations could be coy - ere a general permit. The DeBartolo Corpo. ration, in ajoint venture with Homan, then took over the project, but was stymied b a state DEQE order denying the local permit to rill the swamp. De. Bartolo appealed this decision, but decided to relin- quish control of the site to Pyramid while the appeal was pending. 911!3 11 UMI February S7 S J/az Pyramid had no difficulty obtainin5 various local permits for the mall. The company hired a team of wetlands experts to help devise a development scheme that would be acceptable to the state. That scheme, which passed the state's environmental and wetlands reviews in late 1984 and early 1985 (but has since been overturned by the Massachusetts Superior Court), involved a smaller building footprint than called for in the Mugar/DeBartolo plan, included two-story parking, and created 22 acres of marsh and shrub swamp out of leftover forested wetlands and uplands. State approvals werepremised on the theory that Pyramid's project was the same project submitted by DeBartolo, and on the less strict laws in force before Passage of the 1983 Massachusetts Wet- lands Protection Act. Conservation interests immedi- atedyy filed suit, contending that this project, submit- ted by a new sponsor and with a new design, should go through the state and local review procedures from scratch and should be subject to current regula- tions that prohibited extensive Filling of wetlands. The Massachusetts Superior Court disagreed with this view, arguing that it was illegal for DEQE to is- sue the permit. The DEQE permit was reversed, but the decision has again been appealed. Meanwhile, Pyramid had to get a federal Section 404 Permit. After a Preapplication meeting between the three regional offices and Pyramid in May 1984, the Cores agreed, at the urging of the EPA and the Fish and Wildlife Service, to require Pyramid to ob- tain an individual permit rather than a general per- mit. In its review of the permit application, the EPA indicated that it might veto any permit given. In No- vember 1984, Pyramid offered to create new wet- lands in an off-site, nearby gravel Pit and to post a f l million performance bond. This would Juxtapose the Ten Mile River, wetlands, and upland, proved. ing, said Pyramid's engineering consultant, a particu- larly good environment for waterfowl. After the Corps's New England district office drafted a denial of the Section 404 permit on the grounds that alternative sites existed, its Washington, D.C., office became concerned that the (b)(1)guide- lines were being interpreted too narrowly, and thought that Pyramids Plan for creation of a new wetland was feasible and would cancel out the ad- verse environmental impacts of the mall. The Wash- ington office felt the proposal indicated responsible behavior on the part of the developer and was as- sured by its offer of a performance bond and a $200,000 escrow fund to finance an expert evalua- tion of the new wetland before proceeding with mall construction. The Corps's Washington office directed the dis- trict office to "reconcile its documentation' and to is- sue the permit. It defended its review of the decision made by the New England office as fitting in light of the decision's national policy implications. It argued that mitigation can be appropriate even for activities 4 February 871 �It•;5!,t!•Ga"�I!: Whilc Swee&e Sinmp semi • amber of nstami (ueeloss, tame Attlebwo eesidents here used it as • dump not dependent on a water location, and also that the law does not require no net loss of wedands. The regg�'ional office of the EPA initiated veto ac- tion in July 1985, and vetoed the permit in May 1986. Pyramid brought suit, maintaining it has no economical] viable options, as the alternative site in North Attleboro is owned by New England Develop. ment, which apparently acquired it at about the time Pyramid chose Sweedens Swamp for its project. While no one can predict the suit's outcome, courts are generally reluctant to overturn administrative de- cisions based on a well-documented process. An Inefficient Process The permitting process was messy, costly, unpre- dictable, acrimonious, and drawnout—hardly a model of conflict resolution or of land use planning. Some basic causes of the glaring inefficiencies of this process may be Pinpointed. No Regional Plan. First of all, the locale lacked an overall growth and land use plan; it also lacked a planning process, Such a plan would have already identified sites considered appropriate for a regional mall as well as environmentally sensitive sites consid- ered inappropriate for development. It would have ended the debate over the existence of viable alter- natives to the Sweedens Swamp site. Regional �tan- ning is easier said than done, however, especially in New England, with its heritage of strong town gov- ernment. The best hope for progress in regional planning in Massachusetts may be state-sponsored mechanisms and programs. Coordinated environ- mental impact review for large projects already oc- curs under MEPA. This review could be expanded to account for regional development impacts, or, under the auspices of state economic development agen- cies, a mechanism could be established to coordinate local government policies and programs. Divided Responsibilities and Competing Missions. The two agencies with permit authority held different views on the basic issues under dis- pute— especially on the appropriate use of mitigation. Wet- lands mitigation is a hotly debated concept and prac- tice. The long-term sustainability of complex mitiga- tion projects is still under investigation. The questions are legion: should one acre of created wet- land be required for each acre of filled wetland? Can the creation of one type of wedand mitigate the de- struction of another type? When can a wedand be considered "established " The EPA considers mitiga- don a highly uncertain technique, and therefore wants to limit its use to situations in which the devel- opment of wetlands is unavoidable. Some Corps offi- cials believe their experience in creating and stabiliz- ing wetlands enables them to make informed judgments as to when mitigation is workable. Clearer policies and guidelines concerning mitiga- don would have lessened the controversy surround- ing the Attleboro MallPro sal. Toward develop- ment of such policies, the IPA and the Corps could jointly monitor a variety of mitigation projects. The existence of feasible alternatives to the Sweed- ens Swamp site was a second issue dividing the EPA and the Corps. Believing that the Pyramid project was not water -dependent and that other viable sites existed, the EPA held that filling, even if mitigated, was not permissible. The Corps came from the op- posite direction: since mitigation would reduce to zero the adverse impacts of developing Sweedens Swamp the question of alternatives was moot. Even though they did not consider this particular wetland extraordinary, the EPA and the numerous environ- mental organizations who enlisted in the battle against filling the swamp were highly motivated; to them, this was a matter of principle. They feared the result of the new mitigation policy would give devel- opers carte blanche to use wetland sites regardless of the water -dependency test, alternatives analyses, or cumulative impacts analyses. Costs, technology, and logistics help determine the feasibility of alternatives under the (b)(1) guidelines. An applicant must prove that upland sites are not available or feasible. EPA does not allow the project's purpose or needs to be defined too narrowly: to say a project needs to be located at a specific intersection is too restrictive, but to require good access from a highway is acceptable. Federal agencies may not al- ways be competent to make f rte -tuned judgments about the competitiveness of alternative sites. In the Attleboro case, a competing developer's acquisition of an upland site in North Attleboro for a similar project clearly indicated the existence of a viable al- ternadve. Pyramid had looked at that site, but had chosen Sweedens Swamp. No Forum. No continuing mechanism for airing all concerns and debating all viewpoints was in Place, though one certainly would have been appropriate. Because the parties failed to meet early on to identi- fy issues, set schedules, review progress, and seek consensus, a mood of distrust prevailed. Ironically, most parties independently acknowledged two basic elements of the proposal—that a regional shopping center was needed; and that Sweedens Swamp, while a viable and beneficial wetland, is not extraordinary. Had a roundtable procedure been available, it might not have resolved basic disagreements but it would have helped expedite the permitting process. The Burden Lies with the EPA and the Corps Signinca t points of agreement existed among those involved in the Attleboro Mall case at the state and local levels, although they were often obscured by the complexity of the permitting process and the emotionalism surrounding the issues. In general, state and local participants and observers, from both the public and private sectors, agreed that develop- ment of a mall would benefit southeastern bfassa- chusetts; that cooperation, rather than the habitual wrangling, between the Public and private sectors would provide a better framework for good develop- ment; and that manmade wetlands, at least in some situations, can be successful. These points of agreement provide a strong base for working out development/conservation conflicts. More consistent policy guidance from the federal agencies and a specific structure for land use plan- ning and project negotiation at the regional level are needed to facilitate the evolution of reasonable and appropriate solutions in similar future cases. Federal consistency is the first priority. Without it, regional mechanisms will be hampered. The chaos produced by the demonstrated inconsistency in the Section 404 permit program makes wetlands -related projects a crapshoot, with the environment at stake. ■ Geraldine Bachman is a senior associate of ULI. This arti- cle is taken from a case study she prepared for the Federal Permit Working Group, an ad hoc committee composed of representatives from the U.S. Army Corps of Eniineen. the EPA, and the Fish and Wildlife Service; dove open; consultants; and state and local government officials. This working group was convened by ULI to examine the fed- eral permit process as it pertains to land use and develop. ment projecparticular,, and, in particular, to find more efficient and effective ways of resolving developmemkonser ation controversies surrounding projects that impinge on wet- lands and wildlife habitats. RE MM I February 87 5 I D.�I, EPA GETS TOUGH WITH DEVELOPERS David Salvesen Contemplating filling in a wetland without a per - nit? Don't even think about it. The Environmental Protection Agency is getting tough on those who )lay fast and loose with federal wedand laws. Recent egtslation has given EPA a set of sharp, new teeth 'or enforcement, and three unlucky developers in he Midwest were the first to feel the agency's bite. Recent legislation has given EPA a set of sharp, new teeth for enforcement. Last January, EPA fined three developers for fill. ig in wetlands without a permit, hitting them with nes ranging from $15,000 to $125,000. All three evelopers are in EPA Region V, which has been ag. ressively enforcing the law with its newfound au. June 88l clml thorny. In addition to these three developers, "There are about 30 more cases in the pipeline;' said Doug Ehorn, chief of planning and standards for water quality in Region V. Other EPA regions are also gear n c up to issue penalties. Under section 404 of the Clean Water Act, anyone who proposes to fill in a wedand must first obtain a permit from the U.S. Army Corps of Engineers. The Corps administers the permit program under guide. lines established by EPA. EPA can override the Corps's decision to issue a permit, although it seldom does (see "Attleboro Mall: Risky Business under 404:' Urban (and, February 1987). The permit program was initially established to keep the nation's navigable waters open and flowing smoothly. The Corps did not want any haphazard building in and along navigable waters that could in- terfere with interstate commerce. As our knowledge and appreciation of wetlands expanded, so did the 404 program. It now protects wetlands ad' acent to and, in some cases, isolated from navigab?e waters, as well as those along navigable waters (see "A Wetland is a Weiland is a Wetland," Urban [and, May 1986). One potential pitfall for developers is that wet- lands are not always easy to spot: some wetlands are dry for much of the year. So developers sometimes unknowingly fill in a wetland and later find out they need a permit from the Corps. In these rases, the Corps usually issues what is called an "after -the -fact" permit—one that is conditioned on mitigating some of the damage to the wetland. Some developers, Now, EPA and the Corps can issue penalties much more rapidly. however, knowingly BII in wetlands first and ask questions later. "Developers think it's easier to get forgiveness [from the Corps] after the fact than to get a permit beforehand," noted Jack Chowning of the Corps, "But an after -the -fact permit usually comes with a fine, and [the mitigation requirements] will probably cost the developer more in the long ran." EPA's New Authority When Congress overrode the president's veto and reauthorized the Clean Water Act early this year, it gave EPA and the Corps new authority to issue ad- ministrative penalties to anyone who illegally fills wetlands. Before the reauthorization, they could is- sue penalties only through the court system—a ]a. borious, expensive process. Now, EPA and the Corps's enforcement capabilities have been expand- ed and they can issue penalties much more rapidly, / /a ;;7-, although the Corps, unlike EPA, has not yet issued its regulations for the 404 program and therefore cannot yet exercise its new authority. The updated Clean Water Act (officially the Water Quality Act of 1987) established two classes of penal- ties for illegally filling wetlands: class I for minor vio- lations and class 11 for major violations. Class I pen- alties can range as high as $10,000 per violation, up to a maximum of $25,000; class 11 penalties can In addition to administrative penalties, EPA and the Corps can still seek both civil and criminal penalties for egregious violations. range as high as $10,000 per day, up to a maximum of $125,000. The amount of the penalty depends on a number of factors such as the nature, circum- stances, extent, and gravity of the violation; history of violations; knowledge of the permit requirements at the time of the violation; and economic savings or benefits as a result of the violation. The First Fines The first developers subject to EPA's new enforce- ment power were the Kirk Corporation, Woodland Development Corporation, and the Hoffman Group. Kirk Corporation was fined $15,000 for filling in one acre of an 18 -acre wetland for a small housing devel- opment in Streamwood, Illinois. Kirk hada plied for, but had not yet received, a 404 permit from the Corps when it began filling the wetland. Kirk paid the fine and agreed to create another one -acre wet- land elsewhere on site. Woodland Development Co ration allegedly filled in 22 acres in Andover, Minnesota, as part of a housing and golf course project. By not building any structures on the fill, Woodland prevented a total loss of wetlands, and could mitigate the wedand loss both on site and on property it owned nearby. EPA therefore set the fine at $75,000 instead of the maxi- mum $125,000. Still, Woodland has challenged the penalty. According to Byron Westlund, project man- ager for Woodland, "We think $75,000 is excessive since we haven't had any other violations in the last 20 years." Woodland's case will probably be settled by an ad. ministrative lawjudge. In the meantime, added Westlund, "We've been losing $500 per day in hold. ing costs since we had to stop construction [last October]." The Hoffman Group received the maximum fine, 3125,000, since the developer allegedly was well aware of the Corps's permit requirements but never. theless filled and developed 6.2 acres of wetlands for a housing project in Hoffman Estates, Illinois. Since the property cannot accommodate on-site mitigation, "those wetlands are lost for good," lamented EPA's Ehorn. "Nobody's going to make them pull up those houses to restore the wetlands." Hoffman, like Woodland, is challenging the penalty. In addition to administrative Penalties, EPA and the Corps can still seek both civil and criminal penal- ties for egregious violations. For example, in a recent case, a developer in New Jersey was fined $235,000 by a federal district court for illegally filling in over six acres of wetland for a residential development (U.S. v. Ciamditti, 669 F.Supp. 684). In another case, Cumberland Farms of Connecticut Inc. was ordered to pay $540,000 in civil penalties for illegally con. venting a 1,000 -acre wetland to farmland and to re- store the wetland to its previous conditions (U.S. v. Cumberland Farms ofConneclicut Inc., 647 F.Supp. 1166). The Cumberland case was appealed to the U.S. Supreme Court but the Court declined to hear it. Permission Is Easier titan Forgiveness With these fines, EPA is sending a message to de- velopers that it will not allow wanton destruction of wetlands. Some, like Woodland, learned a little too late about EPA's administrative penalty authority, but they got the message. When asked if he would do anything differently next time, Westlund stated that he would "add the Corps to my checklist and in- vite thein in before 1 do anything." Though EPA is getting tough, it is not unreason- able. In northern Indiana, for example, a developer EPA is sending a message to developers that it will not allow wanton destruction of wetlands. excavated a wetland in order to create a lake for his new housing development. An adjacent school ac- cepted the developer's offer to fill in the school's un- wanted wetland with the spoil material excavated for the lake. The deal was acceptable to both the devel- g�r and the school—but not to EPA, which took en- ement action against the two parties for illegally filling in a wetland. As part of the settlement, the developer will remove the fill, and the school will sponsor lectures to realtors on the value of wetlands and on the Clean Water Act section 404 permit program. • David Salvesen is a senior associate at ULL ffs?tut, IIt, X/ junc 88 37 MEMORANDUM Iowa City Public Library Date: July 15, 1988 To: City Council From: Tom Gelman, President, Iowa City Board of Trustees Re: Library's Proposed Five -Year Plan Enclosed is a copy of the Iowa City Public Library Planning Committee's recommended five-year plan, ON TRACK FOR THE '90s: IOWA CITY PUBLIC LIBRARY LONG-RANGE PLAN, JULY 1, 1989 - JUNE 30, 1994. The Board reviewed and accepted this report at their June 23 meeting. On Thursday, July 28, at 7:00 p.m., we will hold a public hearing so that community residents may make comments before the Board decides if it should adopt the report as the Library's five-year plan for FY90-FY94. We would also welcome your comments. Please feel free to call any Library Board member, send in written comments or come to our hearing on July 28. bdw2-1 Enclosure ON. TRACK FOR THE 90's STAFF Susan Craig Lolly Eggers _. Pat Forsythe Carol Spaziani Iia3 1 TABLE OF CONTENTS Executive Summary , , , , , , , , , , , , , , , . . , , , , ES -1 Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PART I - Decisions for FY1990-FY1994 Assumptions . . . . . . . . . . . . . . . . . . . . . . . . . 4 Operating Principles . . . . . . . . . . . . . . . . . . . 5 Mission Statement . . . . . . . . . . . . . . . . . . . . . . 6 Library Service Roles for FY1990-FY1994. . . . . . . . . . . 7 Goals - Summary List . . . . . . . . . . . . . . . . . . . . 8 aPlan Review and Objectives Update Schedule . , . . . . , . , 9 PART II - Objectives and Tasks for FY1990-FY1991 Young Child's Door to Learning . . . . . . . . . . . . . . . 10 Information Agency . . . . . . . . . . . . . . . . . . . . . 16 Popular Materials Library . . . . . . . . . . . . . . . . . . 23 Independent Learning Center . . . . . . . . . . . 26 . . . . . . _I Administrative d Facilities. . , . . . . . 28 1 APPENDIX Library Board Charge to Planning Committee. . . . . . . . . A J Community Trends 8 Clientele/Library Needs . . . . . . , , , B Strengths and Weaknesses of Library by Role (1987) C Iowa City Public Library Fact Sheet. . . . . D �I I I i ' 11wo ?AGE ES -I EXECUTIVE SUMMARY This plan is a general guide describing the new emphases and revised priorities that the Iowa City Public Library will pursue during fiscal years 1990-1994. It does not address all of the library's services. Those not specifically mentioned will be continued at their present levels. TRENDS IDENTIFIED I_ I Before selecting the service roles for primary and secondary emphasis I during 1990-1994 and before developing the goals and objectives for these roles, the Planning Committee studied community needs, reviewed all aspects of library resources and use, and considered trends and projec- tions which could affect library services. -- Some of the trends which have particular import for the library include: - Continued heavy use by the so-called baby boom generation. This will greatly increase the number of people over 40 who will use the library. - Changing population base: more employees of "high tech" industries, lower university enrollment. J - Increasing, awareness of the importance of reading and library use to the future intellectual development of the young child. I — - Continued increases to the use of the library by people with special needs. For example, three percent of the Iowa City population are j people to whom English is a second language. _ - Recognition of the large percentage of people who select library materials by browsing rather than seeking specific materials systematically. Rapidly changing information technologies with some information only available electronically. The large number of specialized area libraries and information agencies which: contribute to local information delivery - and the service demand which would fall on ICPL if the services of these agencies were reduced. The less than optimistic outlook for increased funding from local, state or federal government; increased competition for private dollars and volunteers, and the trend towards more fees for govern- mental services - all while library use continues to increase. Continued rise in the cost of library materials at rates faster than the general level of inflation. 1143 n PAGE ES -2 SERVICE ROLES, GOALS AND OBJECTIVES The service roles chosen for prime attention in the five year period 1990- 1994 are 1) library services to young children and 2) improved information services. Secondary emphasis will be given to 1) the library's collections of popular materials and 2) resources for the independent learner. The library's roles as a service center for local organizations and - activities and as a support service for formal education will be maintained, but they are not the subject of any of the eight service goals in the five year plan. There is no library service role that provides _ curriculum support for University of Iowa students. Young Child's Dr to Learning. The goals developed for the first primary role, Young Chooilds Door to Learning, are concerned with attempting to — reach a larger share of the community's young children, taking some library activities for children out into the community, making it easier for children and their parents to get to the library, building larger collections of children's materials and educating adult caretakers about the importance of reading aloud to young children and of introducing them to library services. _ Infor�mat_ionA enc . The next set of goals address the maintenance and improvement of the library's information services. For this second primary role, the library will attempt to reduce the wait for services at — the Information Desk and will try several other strategies to help clients find information independently or through library prepared lists and research guides. The library will try. to improve services to local government agencies and businesses and will systematically collect local community information and local history. Efforts to collect and dissemi- nate local community information will be coordinated and shared with other local service agencies. Po ular Materials Librar . The library's role as a supplier of popular v materia s wi rete ve secondary emphasis during the next five years. The library will increase the availability and improve the selection of _ current books, magazines and popular audiovisual formats by building larger collections, ,providing more copies of popular titles, shortening loan periods and improving methods of shelving and displaying popular materials. Independent Learning Center. The other secondary role addresses the needs of the independent learner. The library will be using a large share of its increased funds for library acquisitions to enlarge the non-fiction collection, especially subjects in the humanities. Some of the objectives and tasks associated with the independent learning goal are designed to aid children aged 9-15 who are moving beyond the children's department and seeking more adult level materials. While this plan provides goals for five years, the Planning Committee developed objectives for only two years. The Committee has provided a schedule for the systematic evaluations and revision of these objectives. Work accomplished in year one and year two will be evaluated and used as /a3 I i I i I J I � ._1 J PAGE ES -3 the basis for developing objectives and tasks for years three, four and five. The 1990-91 objectives fall into four major categories. Planning Tasks: Surveys of information service users, local governmental agencies and businesses; experiments with staffing patterns at service desks; evaluation of the accuracy of answers provided; identification of children who do not use the library. Improved Services: Storyhours at outreach locations; a proposed transit program to get children and parents to the library; improved services to local businesses and governmental agencies; a motor vehicle for library outreach activities. Library Materials: An improved children's picture book collection; more children's video, an enriched non-fiction collection, larger collections of popular materials and more local history materials. The general priority is to maintain the budget for reference materials but to increase the amount spent for circulating books and audiovisual materials. User Instruction: Improved building signs, diagrams and labels; more reading lists and pre-packaged information; displays and shelving to aid browsers; special efforts to teach children to use the library; an improved on-line catalog; a public information program which focuses on the key objectives of this plan. ADMINISTRATIVE GOALS The administrative goals in the plan address the staffing, technological, facilities and financial concerns that hep the library remain responsive to changing community needs. 1990-91 objectives for these administrative goals call for - incorporating the library's fund raising, Friends activities, contribu- tor/volunteer recognition and public information responsibilities into a new Office for Development. - creating a committee to prepare a long-term facilities plan by 1991. - developing a five-year plan for staffing and staff training needs. -establishing a computer replacement fund. - acquiring an improved on-line acquisition system. - providing an annual update to the plan for the administrative use of microcomputers and the monitoring of general information technology developments for application to specific library needs. - having the Library Board do more long-term financial planning. - considering the elimination of the fee for reserves in order to improve the ability of users to locate specific titles and to conform to the library's operating principle on free library services. a PAGE ES-4 - monitoring developments regarding cable TV and the Community Access Cable Center now housed in the library. This summary is based on the full plan and is supported by two resource documents: COMMUNITY TRENDS (1987) and IOWA CITY PUBLIC LIBRARY PROFILE (1987). INTRODUCTION WHY A LONG-RANGE PLAN? "Excellence in public library service is not an idle dream.... but it must be defined locally. It res�lts when library services match community needs, interests and priorities." Excellence is also a moving target. It must be continually redefined for the focus to be maintained. Through careful planning the library can articulate and then try to realize its vision. Planning provides choices and options which enable it to shape its future by making informed decisions about serv- ices, staff and resources. PREVIOUS PLANNING EFFORTS OF THE LIBRARY � The Iowa City Public Library (ICPL) compiled its first set of goals and ob- jectives in 1975 in preparation for planning and constructing the present _ library building. i In 1982, one year after the building was opened, the library launched its first formal comprehensive planning process. After 18 months of work by a 15 member public/staff/Library Board committee, LIBRARY PRIORITIES FOR THE '80's was adopted by the Library Board in July 1983, Exhaustive surveys were conducted and the resulting data was analyzed and used as a basis for writing the goals and objectives found in that plan. A unique feature of the plan was the adoption of a set of six roles that profile typical library service functions. Each role was a brief way of describing one of the major efforts and services associated with public li- brary operations. These roles were named, defined and ranked. This ranking has guided decision-making throughout the last five years. JThis role setting process has subsequently been incorporated into the Public Library Association's (PLA) planning manual.2 ICPL was probably the first _ library in the country to use the process. ! Other strengths of that plan were the basic data assembled for decision- making, the participation of representatives of library users to give a broad perspective, the writing of ten operating principles that expressed the Library Board's basic philosophy regarding library service, and the produc- tion of a planning document that has guided the Board and staff through the last five years. --------------- IMcClure, Charles and others. PLANNING AND ROLE SETTING FOR PUBLIC LIBRARIES; A MANUAL OF OPTIONS AND PROCEDURES. American Library Association, 1987, P. 1. 2lbid. //,7.3 PAGE 2 ORGANIZATION FOR THE CURRENT PLANNING CYCLE In January of 1987 the Library Board and staff began organizing for its second planning cycle. The goal was to have a new five year plan written and adopted in time for preparing the fiscal year 1990 budget (August, 1988). The Board appointed a Planning to Plan Committee to evaluate the last five year plan and to develop a process for the next planning cycle. In April, 1987 the Library Board approved the recommendations of this Committee. The report (Appendix A) called for a 13 -member committee to be comprised of seven representatives of the community, two Board members and four staff. Letters were sent to approximately 50 people asking if they would consider partici- pating. Committee members were chosen from those who responded. The goals of this planning cycle: To shorten the period of Committee work - from eighteen to nine months; to gather data only on those specific topics for which data was specifically needed; to use the PLA planning manual as a guide for the planning process; to produce a more useful planning document; J to recognize the need for periodical sub -cycles for developing new objectives in response to changed circumstances and new technology; and to address only — changed priorities and new initiatives, not all library activities. — ORGANIZATION OF THE FY1990-1994 PLAN This document is organized in the approximate order that it was developed by the Committee. Community Trends and Clientele/Library Needs: Two documents were prepared to serve as resource documents for the Committee: COMMUNITY TRENDS, 1987 and IOWA CITY PUBLIC LIBRARY PROFILE, 1987. These documents update similar ones prepared in 1982. They attempt to idtintify trends and changes that will affect the community, the library and its clientele in the next five years and to summarize the growth of library services during the last five years. The charts in Appendix B summarize the needs and trends they describe. The complete documents are available on request. Assumptions, page 4. This list of assumptions attempts to explain the envi- ronment under which the plan "makes sense." Periodic adjustments to this plan will be necessary if there are major changes to these assumptions. The Operating Principles, page 5. This document was carefully reviewed by the Comm ttee, wh ch made some revisions. Number 12 was added but basically there are no major changes to the spirit of these principles. Mission Statement, page 6. This has been completely rewritten from the 8�pla�i-was a change, however, more of style than of substance. Librar Service Roles for FY1990-FY1994, page 7. The roles statements were carefully studied and the strengths and weaknesses of each role evaluated. -j (See Appendix B.) In the last five year plan (1985-89) the roles were placed in priority order from one through six. This time the Committee followed the recommendations of the PLA manual and selected two primary roles, two secon- dary roles and put the other two roles on a maintenance status. No goals were written to support the latter. JI //„23 PAGE 3 Goals -Summary List, page 8. There are two types of goals: Service goals to support the primary and secondary roles; administrative and facility goals. Plan Review and Ob'ectives U date Schedule, page 9. This document gives the me o an ime a e or e4 ua ing progress and for developing objectives for the final years of the planning cycle. Part II contains the Objectives and Plan, FY1990 and FY1991. Objectives Part III, to be issued in the summer FY1992 and FY1993. Part IV, planned objectives for the final year, FY1994. DISTINCTIVE FEATURES OF THIS PIAN Tasks for the first two years of the for each goal are in priority order. of 1990, will provide objectives for for the summer of 1992, will provide This is a plan that describes new emphases and changed priorities. It does not try to address all library activity. (See Assumption number 8, page 4.) The Committee did not try to predict technological developments but recog- nized that changes are inevitable and must be dealt with regularly. Because of the need for frequent revision, the Planning Committee has pre- pared objectives for only the first two years of the five-year plan plus a schedule for regular review and updating. There was less input from library users through surveys than in the previous planning cycle, but there are many tasks that require data collection and analysis as part of the method for completing objectives. This plan requires more specific planning tasks. In addition to regularly scheduled reviews and updates there are requirements to establish a Facili- ties Planning Committee and for the Library Board to do long-range financial planning. the Generally i, attempts nt tpc in maneral etosetpioritesto recommend alues-butegnizesthtfrequentadjust-ments must be made. WHAT IS NOT IN THIS PLAN It should be noted that there were many initiatives and directions that the Planning that pertained ttoeadParticular oroleathatnwas tnotfchosenifor primaryworeseneds con- dary emphasis or they were additional or alternative goals for the two secon- dary roles. The Committee decided to include only one goal for each secondary role. For example, goals on expanded counseling for independent learners, increased access to public microcomputers and software and off-site access to the library's catalog and other on-line information were developed by the Commit- tee, but none was specified in their final recommendations. Other potential directions for the library will be found in the discussion of current strengths and weaknesses of the library by role in Appendix C. //o?3 -�: //.?3 PAGE 4 Assumptions 1. Library use will continue well above the national average because of the unique nature of the Iowa City community, with its highly educated, diverse and intellectually demanding residents. 2. Increases in the rate of use of library services will level off and will match the general growth rate of the community. 3. Funding from local government sources will increase no faster than the Consumer Price Index. 4. Cost of library materials will continue to increase faster than the Consumer Price Index. 5. State and federal funding available to libraries will not be significant during 1990-1994. Private fund raising efforts will remain at current levels. 6. Volunteers will be needed and will be available at current levels. 7. Our service area will remain substantially the same, including current —reciprocal agreements and contracts. 8. Collections/services/programs will continue at current levels unless specifically addressed in the plan. 9. Information technology with its rapid changes will continue to be essen- tial to the delivery of library services. 10. Public transportation services and available downtown parking will remain constant through 1995. 11. Servicesprovided by area school, state and special libraries will con- tinue at their present level. 11a3 9 PAGE 5 Operating Principles 1. The services of the Iowa City Public Library are available free to all people of the community. 2. The library operates as a forum for a wide range of information and ideas. It does not exclude materials from its collections because of partisan and doctrinal disapproval. 3. Limits, fines and penalties are designed to promote fair and equal access to limited resources. 4. Information comes in all kinds of formats and is supplied with necessary equipment in whatever medium best serves the needs of the user. 5. Library services are provided to all users regardless of their social, financial, or physical status, educational level or intellectual abil- ity. 6. The library belongs to the people it serves and they help determine what the library should be. 7. All services the library offers are available whenever the library is open. 8. When a choice must be made, the library tends to prefer materials which are of lasting interest or more costly and difficult for the public to obtain over those which are of shorter term interest or are cheaply and readily available from other sources. 9. The library strives to arrange collections and offer facilities and equipment in a manner that allows people to find materials and use serv- ices independently. 10. The library staff is expected to be competent, approachable, fair minded and committed to serving the public. 11. The library provides an environment which welcomes individuality and informality; offers privacy; fosters curiosity, self-expression and self development; invites suggestions and gifts. 12. The library protects the confidentiality of library users. I Mission Statement i i— PAGE 6 The mission of the Iowa City Public Library is to enrich the lives of the _ people it serves by providing information necessary or useful for daily living, by fostering a learning environment for children, by providing re- sources for intellectual recreation and personal development, and by making resources and facilities available to community organizations. I i J j J I' PAGE 7 Library Service Roles FY1990-FY1994 Primary Emphasis YOUNG CHILD'S DOOR TO LEARNING: The library encourages young children to develop an interest in reading and learning through programs and materi- als for children and parents. INFORMATION AGENCY: The library collects and dispenses timely, accurate and useful information for community residents. Secondary Emphasis POPULAR MATERIALS LIBRARY: The library features current high -demand, high - interest materials in a variety of formats for persons of all ages en- gaged in cultural and leisure time pursuits. INDEPENDENT LEARNING CENTER: The library supports individuals of all ages pursuing informal programs of self -education and personal enrichment. Maintain Current Level of Support COMMUNITY ACTIVITIES CENTER: The library provides multi -use facilities and resources for community activities, meetings and services. FORMAL EDUCATION SUPPORT CENTER: The library assists elementary and secon- dary school students and adults in non -university continuing education programs to meet the educational objectives of their formal courses of study. PAGE 8 SUMF ARY GOALS FOR FY1990-FY1994 Young Child's Door to Learning (Primary) 1. The library will introduce young children of this area to its materials, services and programs. 2. The library will provide high-quality, well -arranged children's collec- tions and teach children to use them effectively. 3. The library will encourage adults to read to young children. Information Agency (Primary) 4. The library will provide effective and efficient information service. 5. The library will increase access to information about community events, services and resources for Johnson County residents. 6. The library will preserve and make available local written history. Papular Materials Library (Secondary) 7. The library will make materials in the popular library collections easy to find. Independent Learning Center (Secondary) 8. The library will provide users of all ages with access to the materials and services they need to pursue independent learning projects. Management and Administrative Goals 9. The library will regularly monitor and assess organizational structure and personnel resources to support library service goals. 10. The library will continue to make effective and efficient use of technol- ogy to support the service goals of the library. 11. The library will plan facilities and equipment to meet the needs of the Iowa City community. 12. The library will keep the community informed about library services and needs. 13. The Library Board will do long-term financial planning. 9 PAGE 9 PLAN REVIEW AND OBJECTIVES UPDATE SCHEDULE The following time frame and method will be used to evaluate old and estab- lish new objectives. This does not include revision of the goals, roles or mission statement. CALENDAR _ July 1988 Five year plan adopted by Library Board, including objec- tives for FY90 and FY91. September 1988 Staff prepares FY90 budget based on five year plan objec- tives. May 1989 Materials budget allocations based on five year plan. July 1989 Report to Board from staff on progress made in FY89. September 1989 Staff prepares FY91 budget based on five year plan objec- tives. April/May 1990 Second objective cycle begins. Objectives and tasks are reviewed and new objectives and tasks for FY92 and FY93 are written with maximum staff input. — July 1990 Report to Board from staff on progress made in FY90. At a joint meeting, the Library Board and Planning Committee approve the revised planning document. September 1990 Staff prepares FY92 budget based on revised five year objectives. July 1991 Report to Board from staff on progress made in FY91. September, 1991 Staff prepares FY93 budget based on revised five year objectives. - April/May 1992 Third objective cycle begins. Objectives and tasks are reviewed and new objectives and tasks are written for FY94 — with maximum staff input. July 1992 Report to Board from staff on progress made in FY92. At a joint meeting, the Library Board and Planning Committee approve the revised planning document. - August 1992 Library Board issues charge to form a Planning Comnittee — for the five year period FY95-99. September 1992 Staff prepares FY94 budget based on the latest five year — objectives. July 1993 Report to Board from staff on progress made in FY93. Board adopts new five year plan. 9 PAGE 10 -, YOUNG CHILD'S DOOR TO LEARNING (PRIMARY ROLE) GOAL 1. The library will introduce young children of this area to its 11,73 9 materials, services and programs. i CONCERNS/ISSUES/STATUS -' The importance of exposing the young child to learning, library resources and reading cannot be overstated. Currently child care arrangements and busy parenting situations do not always provide appropriate levels of - exposure for young children. Young children under B-10 years of age cannot come to the library alone. The library has no outreach programs to children whose parents or child care workers do not bring them to the Jlibrary. Many adult caretakers may not be aware of the resources the j --I library has to offer children. - OBJECTIVE 1.A. Plan a publicity campaign promoting library materials, services and programs aimed specifically at young children by July 1990. J TASKS 71 1 1.A.1. Determine the most effective ways of reaching children, parents, teachers and day care providers. 1.A.2. Develop a campaign theme and decide on proper media. 1.A.3. Prepare a budget for FY91. J 1.A.4. Prepare and distribute reading lists for all age groups. OBJECTIVE I.B. Provide at least six outreach programs each year for young children during FY90 and FY91. TASKS 1.B.1. Identify and target children not currently using the - library. Examples: Elementary schools with a large percentage of children without library cards; low income _j housing complexes; families served by various social — service agencies; children for whom English is a second Jlanguage; daycare agencies and homes. 1.B.2. Assign staff to prepare program, duplicating events prepared for in -library use whenever feasible (story times, puppet shows, reader's theatre, music story time). 1.B.3. Provide a variety of sites. 11,73 9 PAGE 11 1.B.4. Publicize programs through newspaper, agencies and other non-traditional sources. 1.B.5. Evaluate programs and audience attendance and make adjust- ments for year two programming. OBJECTIVE 1.C. Establish a program by July 1990 to use public transit to bring young children and parents or other care providers to the library. TASKS 1.C.1. Contact transit system. 1.C.2. Establish rules, procedures aimed at ease of use and low cost. 1.C.3. Identify potential customers, through local agencies such as J.C. Daycare Assoc., Big Brothers/Big Sisters, Domestic Violence Project, PALS, Lutheran Home Services. 1.C.4. Publicize this program in conjunction with the Transit Department. 6 PAGE 12 i — GOAL 2. The library will provide high-quality, well -arranged children's collections and teach children to use them effectively. CONCERNS/ISSUES/STATUS Some collections in the Children's Room are too small to meet demand, e.g. _ video, audio cassettes. In some cases, especially the picture books, the condition of the collection is poor because of heavy use by very young children who are just beginning to learn to care for books. There is a need to keep in touch with new technology and formats. The way the collection is displayed should enhance, not restrict, accessibility. The environment must be non -intimidating. There will never be enough staff and at present there are times when the desk is staffed only by hourly, temporary employees. There is always a need to make users as independent as possible. Children should experience a sense of exploration and discovery when they use the library. -i i OBJECTIVE 2.A. By June 1991, staff the Children's Room Desk at all times with an employee with expertise in children's materials. TASKS 2.A.1. Study and evaluate staffing patterns (FY90). 2.A.2. Experiment with pattern changes in FY90. 2.A.3. Expand the knowledge of Information Desk staff about Children's Room collections so that some Information staff could also work at Children's Room desk. J 2.A.4. Occasionally staff Children's Room Desk with an Information staff member. 2.A.5. If 1 through 4 do not meet objective, prepare a plan, _ including budget implications, which would meet objective (FY91). I OBJECTIVE 2.B. Implement at least one strategy each year to assist library users in finding materials in the Children's Room (FY90 and FY91). TASKS 2.8.1. Identify and provide printouts of the most frequently asked for subjects in the picture book collection (FY90). 2.8.2. Design "picto-graph" signs for end panels of non-fiction collection (FY91). (Same as 7.A.5.) 2.B.3. Promote the availability of library tours through the schools, 4-N and Scouts (FY90). 2.B.4. Develop a videotape for children on finding materials. Promote on Channel 20 and in the schools (FY92). 11a3 6 PAGE 13 2.B.5. Establish children's collectionslandnservices (FY91oom to cifically ) OBJECTIVE 2.C. Provide additional copies in good condition of popular picture books (FY90, FY91). TASKS 2.C.1. Increase the budget for picture books by 25% over FY89 and _ spend at least 60% for the purchase of additional copies. 2.C.2. Weed picture books annually based on physical condition. DATA NEEDED/COIMENIS -' H % i Budget Unit Cost Total Add'l. Added _ at list at list).Volumes Copies Copies FY85 $7,500 7.74 1,228 .573 47% FY86 $9,180 9.00 1,192 529 45% FY87 $9,203 8.78 1,665 893 54% �l j FY88 $9,460 FY89 $9,900 FY90 $12,300 FY91 $12,800 OBJECTIVE 2.D. Increase the average number of children's videos available for checkout at any time from 12 to 35 by July 1, 1992 i(FY90, FY91, FY92). TASKS 2.D.1 over a period of two evelyears, double the children's video budget 2.8.2. Spend at least 30% of the children's video budget on added copies. DATA NEEDED/COMMENTS% TOTAL _ Budget Gift H Purchased Added Copies COLLECTION i FY86 $ 730 $1,440 68 9% 123103 7% 224 FY87 $2,330 FY88 $2,380 $750 FY89 $3,000 FY90 $4,750 9 PAGE 14 GOAL 3. The library will encourage adults to read to young children. CONCERNS/ISSUES/STATUS Early exposure to reading affects a child's entire life. Young children cannot read to themselves. Because the ability to read is a public good, the public relations campaign and instructional aids should not be limited to Iowa City Public Library borrowers. OBJECTIVE 3.A. Provide opportunities each week in FY90 within the library for parents and care givers to observe, participate in and initiate reading activities for young children. TASKS 3.A.1. Train and encourage staff to create "impromptu" storyhours. 3.A.2. Structure toddler storyhour to allow for parent participa- tion. 3.A.3. Evaluate responses before continuing in FY91. OBJECTIVE 3.B. Experiment with a variety of ways to provide informa- tion to parents and care providers on the importance of reading to young children. Try two strategies a year and document response. TASKS 3.B.1. Schedule formal evening programs, possibly co-sponsored by Community Coordinated Child Care (4 -C's) or the Iowa Association for the Education of the Young Child. 3.B.2. Provide informal sessions for parents concurrent with storyhours. 3.B.3. Assemble and provide giveaway literature (see Objective 3.C.). 3.B.4. Develop a series of newspaper articles, radio or Channel 20 programs, or posters placed in strategic places. DATA NEEDED/COMMENTS Use some of same literature provided in packet for 3.C. //,_�3 9 PAGE 15 OBJECTIVE 3.C. Plan a program and seek funding to provide all parents of children born at UI and Mercy hospitals a package of information emphasizing the importance of reading to very young children. An alternative method of distribution (example: doctors' offices) should also be considered. Program to be in place by January 1991. TASKS 3.C.1. Contact University of Iowa and Mercy hospitals to determine willingness to participate. 3.A.1. Plan packet. Should describe in simple terms the extra- ordinary importance of early reading to a child's later 1 development. 3.A.3. Determine budget. 3.A.4. Write grant to submit in 1989/90. DATA NEEDED/COMMENTS Preliminary positive comments from UI Hospitals. Packet could include: 1) booklist for children of various ages (babies, toddlers, three year olds, etc.); 2) information on ICPL services 3) one paperback copy of a classic children's book (example - Goodnight Moon). _ 9 PAGE 16 INFORMATION AGENCY (PRIMARY ROLE) GOAL 4. The library will provide effective and efficient information service. CONCERNS/ISSUES/STATUS There is never enough staff for this service, and there is ever- increasing use. Many people must now wait or go away unserved. Some library users prefer to find their own information when possible, and facilitating this would allow staff time to be diverted to serving those who are waiting. Use patterns and accuracy of responses at the Informa- tion Desk have never been systematically studied. The amount spent for reference materials has increased rapidly at the expense of the circulating, print collection. The library has not made a special effort since the early 70's to serve the information needs of local government agencies, social service agencies and businesses. The need to support local economic development efforts makes this an appropriate time to re- examine the need for increasing services to these organizations. OBJECTIVE 4.A. Decrease length of time people must wait before receiving service at the Information Desk (FY90). TASKS 4.A.1. Gather data in FY89 about the type of questions and busiest times at the desk. 4.A.2. Experiment with alternative staffing patterns in FY90. 4.A.3. Develop methods to improve the measure of traffic at the Information Desk (FY90). 4.A.4. Continue to tally the number of telephone calls which cannot be transferred to the Information Desk. 4.A.5. Acquire or develop reference tools (print and non -print) which.allow for quicker location of answers. 4.A.6. Analyze desk procedures/policies/tasks looking for methods to save time of librarians (FY90). DATA NEEDED/COMMENTS The library does not have any base data on numbers who wait or wait/leave. We do collect number of calls switchboard unable to transfer. The library has records on the number of questions handled but not by type of question or time of day. This is a difficult objective. Measuring the number of people waiting is easier than measuring how long people wait. IIA,3 n PAGE 17 OBJECTIVE 4.B. Evaluate the delivery of service at the Information Desk to determine accuracy of responses and user satisfaction (FY91). TASKS 43.1. Investigate the various methods for evaluating accuracy of responses (FY90). — 4.B.2. Select and develop an evaluation plan (FY91). 4.B.3. Plan and administer a survey of users of Information Desk service which addresses quality, privacy, usefulness, timeliness, etc. (FY90). 4.B.4. Prepare a report with recommendations based on results of both evaluation/survey projects (FY91). OBJECTIVE 4.C. Implement two strategies each year which will increase the ability of people to find information independently (FY90 and FY91). TASKS 4.C.1. Include information on User Survey (Task 43.3) about ease of finding resources/information in this library without help. _ 4.C.2. Analyze questions by content to identify subjects/requests which occur frequently or which people are apt to need again (product evaluation, stock market info., etc.). 4.C.3. Develop a list of information packages and instructions for ibasic search techniques which would be useful to library patrons. ; 4.C.4. Make a list of all suggestions, put in priority order, and evaluate for cost and expected impact. 4.C.5. Evaluate all signs and instructions from user viewpoint and .. develop a plan to revise/expand. (See also 7.A.5 and 8.8.7.) DATA NEEDED/COMMENTS If successful, progress here would impact Objective 4.A, but any r impact is extremely difficult to measure. OBJECTIVE 4.1D. Maintain a budget for reference materials that does not fall below the FY89 level of expenditure adjusted for inflation (FY90 and FY91). 11A.3 9 PAGE 18 TASKS 4.D.1. Continue to compute annually the expenditures for reference materials. 4.D.2. Use the standard book price indexes to measure inflation. DATA NEEDED/COMMENTS There is good historical data on dollars spent for reference materials, but not on the number of items purchased for reference. The intent is to keep the cost of reference materials at the current level. New money would go to other parts of the collection. Funds for reference have risen 41% in the last three years (84-87) while funds for circulating print materials increased by only 3%. OBJECTIVE 4.E. Develop a plan by June 30, 1991, to improve informa- tion services to local government agencies and local businesses. TASKS 4.E.1. Survey local businesses and local governmental agencies about their information needs (FY90). 4.E.2. Identify business and local governmental responses to survey done in 4.B.3. (FY90). 4.E.3. Develop list of possible new information resources and service improvements, estimate costs and set priorities (FY91). DATA NEEDED/COMMENTS At this point, it is unclear if many new resources/services would be required or if improved service/awareness of present resources is the issue. // a3 PAGE 19 GOAL 5. The library will increase access to information about community — events, services and resources for Johnson County residents. CONCERNS/ISSUES/STATUS The number and complexity of local events, services and resources increase annually. Many different area agencies collect, create and disseminate _ various kinds of information about the community from club meetings to population statistics. Their files are in different formats, and automa- tion is in developmental stages using different technologies at each. There are overlaps and gaps in the type of information collected. Not all — agencies are aware of what is available from other agencies. Our local residents are active and mobile and create a high demand for local information, but are often confused about where to get the information _ they want. Coordination of these data -gathering and disseminating efforts would be a useful services. ICPL, as the most general and comprehensive information agency, could take the lead in this effort. OBJECTIVE S.A. Prepare a report by June 30, 1989, on the current status of community information resources. TASKS 5.A.1. Reconvene representatives of information dispensing agencies to update information exchanged in 1986 (FY89). 5.A.2. Survey activities of agencies collecting and dispensing — community information. 5.A.3. Analyze questions received at the Information Desk to identify areas where information is not available. (Include with 4.A.1. or 4.8.3.) DATA NEEDED/COMMENTS Some preliminary work on surveying and exchange of information between agencies was done in 1986. OBJECTIVE S.B. .Compile an index/directory of community information resources for use by ICPL, the public and other community information agencies (FY9O). — TASKS 53.1. Reconvene representatives from 5.A.3, to update information shared in 1990. 5.B.2. Develop format, coverage, distribution and updating plans. — OBJECTIVE 5.C. Prepare a report by June 30, 1991, on the categories of local information resources which are not being compiled, with recommendations on the best way to establish new or reorganize existing files and to make them available to the public. _ N PAGE 20 TASKS 5.C.1. Involve representatives from S.M. in developing recommendations. 5.C.2. Together, determine strategies to address the recommenda- tions in the report. i I— jJ I i J 1 J 1 I , I I I PAGE 20 TASKS 5.C.1. Involve representatives from S.M. in developing recommendations. 5.C.2. Together, determine strategies to address the recommenda- tions in the report. PAGE 21 GOAL 6. The library will preserve and make available local written and visual history. CONCERNS/ISSUES/STATUS Iowa City and Johnson County lack a local history library. The State Historical Society, while located here, is statewide in its mission. The Johnson County Historical Society does not preserve written history and is only open 19 hours per week. The county and city are now microfilming council proceedings and legal records, but only ICPL is collecting current publications of many local government agencies and making them accessible to the public in one place. As this collection grows, its historical importance increases, and fast and easy access to its becomes more difficult. ICPL has not been officially designated or recognized as an official depository by any local government and is not adequately staffed or funded for this role. At present, it does not view itself as an archive and does not collect personal papers, genealogy, letters, club records, photographs. The primary sources of local history are disappearing. Over 100 years of the local newspaper remain unindexed. Though ICPL Friends supports indexing of one additional year of the newspaper each year, at this rate it will take over 100 years to complete the project. Indexing of Irving Weber materials is needed. The Irving Weber Local History Fund has been set up at the library by the Noon Lion's Club. OBJECTIVE 6.A. Develop a policy on scope and retention plan of the library's local documents collection by the end of FY90. TASKS 6.A.1. Survey local and regional governmental agencies for the format and retention policy of their documents. 6.A.2. Decide what documents should be accessible to the public at the library. 6.A.3. Survey space requirements for longer or archival retention policies. OBJECTIVE 6.B. Consider a revised classification system which can accommodate a larger local documents collection (FY91). TASKS 6.B.1. Review existing local document classification systems and determine which one would best serve library needs (FY90). 6.B.2. If a change is made, begin using the new system with 1990- 91 documents. 63.3. Develop plan for converting existing documents to new classification (FY91). //a3 E PAGE 22 DATA NEEDED/COMMENTS There is not staff consensus on whether the classification system should be changed. OBJECTIVE 6.C. Develop a plan to provide the facilities, staff and collections needed to preserve local written and visual history (FY91 and FY92). TASKS 6.C.1. Investigate what local history resources are currently " being preserved. 6.C.2. Identify a role for ICPL. 6.C.3. Provide input on space needs to facilities planning — committee. (See 11.A.) OBJECTIVE 6.D. Find funding to index the local paper retrospectively at a rate of three years each year ($4500) (FY91). - TASKS - 6.D.1. Survey area organizations and individuals interested in local history for possible financial support. -, 6.D.2. Search for possible grant resources. DATA NEEDED/C"ENTS The amount of time one person can spend on retrospective indexing is limited, yet if more than one works on the project, problems of consistency arise. — I i — i i I I P PAGE 23 POPULAR MATERIALS LIBRARY (SECONDARY ROLE) GOAL 7. The library will make materials in the popular library collec- tions easy to find. CONCERNS/ISSUES/STATUS The operating principle of equal access to all is especially important in this role. Some types of users cannot come to the library. We need to continually inform people of our materials and services. We need a variety of formats to serve all kinds of users. There will never be enough staff so we must try to build a certain level of patron self-sufficiency. People do not like to ask questions. Well over 50% of the people who use the library are browsing rather than seeking a specific title. They seldom use the catalog. Reserve lists and the condition of the new book shelves indicate we don't have enough popular materials. Highly educated, moderate -income people demand low-cost recreation. Item -for -item, popular materials are the most heavily used items and have a very strong and supportive constituency. OBJECTIVE 7.A. 95% of library browsers can find something they want to check out (FY90 and FY91). TASKS 7.A.1. Continue annual survey for Output Measures to assess browser satisfaction rate. 7.A.2. Experiment with bookstore -type shelving and stack end display shelves (FY90 budget). 7.A.3. Provide at least four book displays per year which promote reading materials to browsers. 7.A.4. Provide easy access to reader's advisory lists and tools near the fiction area. 7.A.5. Add pictographs and/or words which decipher call numbers to second floor non-fiction stack signs to assist browsers. (Same as 2.B.2. and B.B.7.) (See also objectives 7.B., 7.C. and 7.D.) DATA NEEDED/COMMENTS All Popular Library objectives should improve the Output Measure on browser satisfaction. A once -a -year survey is not a strong measure of browser satisfaction rate. A PAGE 24 OBJECTIVE 7.B. Library users can find at least one fiction and two non-fiction titles from the current New York Times hardbound best- sellers list on the new bookshelves 50% of time in FY90. TASKS 7.B.1. Increase budget for adult fiction and create a new budget _ category for popular non-fiction (FY90). 7.B.2. Experiment with shorter loan periods for popular titles _ (FY90, FY91). 7.B.3. Keep rate of additional copies as percent of all volumes purchased at 30-35% for fiction and popular non-fiction. — 7.B.4. Mount campaign to get gift copies of best sellers (FY89). DATA NEEDED/C"ENTS « i Added % Additional Copies Fiction Non -Fiction Volumes Copies Fiction Non -Fiction Gifts Gifts FY85 8792 2846 42.8 28.0 20.9 24.2 FY86 7302 2536 39.4 32.5 18.7 16.9 FY87 7606 2377 35.1 29.5 20.6 5.7 FYBB FY89 FY90 What is most efficient way to monitor this objective? OBJECTIVE 7.C. Library users will find at least 25% more movie and compact discs on the shelf than the FY88 average by the last three _ months of FY91. TASKS 7.C.1. Buy at least 300 movies on video per year in FY89, FY90 and FY91. 7.C.2. Buy at least 325 compact discs per year in FY89, FY90 and FY91. DATA NEEDED/C"ENTS -i CD's MOVIES N Total N Total Added Coll. Spent Added Coll. Spent _ FY86 0 0 $1456 225 490 $9001 FY87 2B4 284 2399 280 714 8491 FY88 250 535 3600 (est.) 300 1000 9000 (est.) FY89 325 740 300 1250 FY90 325 1040 300 1450 FY91 325 1350 300 1650 I PAGE 25 OBJECTIVE 7.D. The library will add at least five new periodical subscriptions and a newspaper subscription each year which have been requested by library users (FY90 and FY91). TASKS 7.D.1. Invite suggestions for titles to be added. 7.D.2. Survey current use to eliminate unused titles. 7.D.3. Decide on maximum number of periodicals and maximum number of newspapers library can offer without more space. 7.D.4. Provide data on any additional space needs for periodicals to facilities planning committee. (See 11.A.) DATA NEEDED/COMMENTS ICPL needs to summarize the number and type of titles added in the last few years to provide an estimate of maximum titles library has space for and to provide ideas on how best to survey for unused titles. 1 PAGE 26 INDEPENDENT LEARNING CENTER (SECONDARY ROLE) GOAL 8. The library will provide users of all ages with access to the materials and services they need to pursue independent learning projects. CONCERNS/ISSUES/STATUS _ Nearly all independent learning activities rely on a quality collection. Adequate access to these materials requires duplicate copies of core titles plus additional titles. There is concern that fourth through sixth graders are not finding titles on their reading levels. Arrangement and i signage of non-fiction collection does not facilitate self-service. The non-fiction collection on the second floor is not staffed. There is a large gap between the size of the print and non -print collections. Current reserve fees may be acting as a barrier for learners to obtain the i in-depth materials they need in a library with high circulation rates. OBJECTIVE B.A. Increase the number of print and non -print titles in the non-fiction collection in selected areas of the humanities and in other subject areas of anticipated or demonstrated need. TASKS 8.A.1. Create a "Super Fund" of new money for adult non-fiction materials to be distributed outside the current method based on unit cost and past circulation (FY90+). S.A.2. Draw up specific guidelines on how the money will be distributed. 8.A.3. Require subject specialists to prepare specific proposals for funds from this account. All selectors will jointly decide on which proposals to fund. DATA NEEDED/CO MENTS Need budget projections through FY92 which factor in estimates of income from endowment fund and other known variables. Need data on size and growth patterns of non-fiction collection - and on share of budget available for non-fiction print and non -print materials (FY84-88). This is being prepared. OBJECTIVE B.S. Increase the number of students (grades 4 through 8) _ who use the adult non-fiction collection. TASKS B.B.I. Evaluate traffic patterns and increase staff on duty during periods of high use by this age group. 8.8.2. Include in the goals of all Children's Room staff a requirement to increase the number of times they take //a3 I PAGE 27 clients to the second floor to show them how to find — materials in the non-fiction collections (FY89+). B.B.3. Include and emphasize materials available on the second — floor for all tours to school-age children beyond second grade (FY89+). 8.8.4. Devise a simple, short answer quiz (or game) to give students at the conclusion of a tour (FY90). 8.8.5. Produce a videotape using children as library users which — demonstrates how to find a non-fiction title for grades 4 _ through 6 in the catalog and then how to find that item on ithe second floor (FY91). 8.B.6. v Prepare a map of the second floor to give students (and others) on which staff person marks the approximate location of materials they are seeking. _ 8.B.7. Add pictographs and/or words which decipher call numbers on second floor non-fiction stack signs to assist in locating materials (same as 2.B.2 and 7.A.5.; similar to 4.C.5). DATA NEEDED/COZMENTS _ Children's room has annual data back to 1981 on the number of staff - assists with second floor materials. i Computer system will allow comparison of age of user with materials used starting about FY90. General use of non-fiction materials formerly in Children's Room QA's) can be tracked back to 1984. OBJECTIVE S.C. Consider dropping the fee for placing a reserve after FY90 when the computer can monitor a limit on the number of reserves — per cardholder (FY90). r TASKS 8.C.1. Analyze the pros and cons of dropping the fee considering impact on library users and on staff time. — 8.C.2 Analyze current use of reserves. B.C.3 Prepare a staff recommendation. 8.C.4. Have Library Board make decision before beginning of FY91. _ i — N PAGE 28 ADMINISTRATIVE & FACILITIES GOAL 9. The library will regularly monitor and assess organizational structure and personnel resources to support library service goals. CONCERNS/ISSUES/STATUS The library needs to be flexible and to be able to adjust and respond to change in needs, priorities and circumstances. Publication and public information efforts are now dispersed, uncoordinated and under -staffed. Support group activities need coordination. There is a lack of organiza- tional structure and staff to carry out planning activities. Training for technology changes is extensive and time consuming but essential. OBJECTIVE 9.A. Have Development Office in place by FY90 (July 1, 1989). TASKS 9.A.1. Complete review by Friends & Foundation Board before September 1, 1988. 9.A.2. Review concept with City Manager in fall of 1988. 9.A.3. Provide for Development Office budget in FY90 budget proposal, fall 1988. 9.A.4. Help Foundation and Friends Boards develop budgets for first year of Development Office in the spring of 1989. DATA NEEDED/COMMENTS There is a full proposal with goals, objectives and implementation available. It has been reviewed by staff, Friends and Foundation Boards (informally). Library Board reviewed it in January, 1988. OBJECTIVE 9.8.. Prepare a five year staffing plan which is updated annually (FY90). TASKS 9.8.1. Begin keeping a list of possible staffing changes, addi- tions (FY89). 9.B.2. Do an inventory of training/skills needed to meet goals of this plan (FY89). 9.B.3. Review list with Board in September 1989 and set priorities for each item - positions and training. 9.8.4. Include those items with the highest priority in the FY91 budget proposal (Fall, 1989). Y PAGE 29 9.B.5. Review list each August and September with Board to — officially add, delete and revise items or to revise their priorities. OBJECTIVE 9.C. Monitor the situation regarding the cable TV access center and be prepared to incorporate this function into the _ library's organizational structure if the Cable Commission and City Council request it and the funds are available. TASKS — 9.C.1. Review the proposal for assuming management of the access center at least annually to make revisions required to keep it accurate. 9.C.2. Check with City's Broadband Telecommunications Specialist at least quarterly to stay apprised of the work of the Cable Commission, legal aspects of the franchise and the performance of the franchisee. DATA NEEDED/COMMENTS A proposal for the library to assume management of Cable TV Access Center has been worked on intermittently since FY86. In fall 1987, the Library Board reviewed it again and prepared a memorandum for the _ City Council on their position. The memo was sent to the cable commission for their concurrence in November, 1987. — I i —�I N PAGE 30 GOAL 10. The library will continue to make effective and efficient use of technology to support library service goals. CONCERNS/ISSUES/STATUS The library could not handle current heavy use without intelligent use of technology. This need will only become greater as use increases and possibilities for staff increases are limited. Technology changes rapidly and can be expensive if not planned for. The library and its users need to have access to data resources available only through modern technology. OBJECTIVE 10.A. Have new version of on-line catalog available to the public by July 1991. TASKS 10.A.1. Complete conversion of 80% of bibliographic records by July 1991. 10.A.2. Begin indexing converted records by January 1989. 10.A.3. Begin creation of authority control records by January 1989. IO.A.4. Replace single Apple -based MARC editing terminal with two Wyse cataloger's work stations by September 1990. 10.A.5. Purchase two CL -CAT terminals for public use by July 1991. 10.A.6. Train staff to use new catalog and provide special training for catalog users. DATA NEEDED/COMMENTS Conversion project (10.A.1.) was started in April, 1986 with a $25,000 LSCA grant from State Library. OBJECTIVE 10.8. Periodically prepare an administrative report addressing the pse of microcomputer technology in the library, for both public and staff use. TASKS 10.8.1. Assign staff to prepare an annual report for discussion by all coordinators. 10.8.2. Identify issues to be monitored closely. Examples: use of facsimile equipment, desk -top publishing, and support for volunteer coordination and serials. DATA NEEDED/COMMENTS First report was completed in February 1988. //a3 I PAGE 31 OBJECTIVE I.O.C. Implement MARC -based acquisitions system that provides fund accounting and gives catalog access to titles on order by July 1991. TASKS 10.C.1. Study available systems and options, decide on best method by July 1989. 10.C.2. Prepare budget for FY1991 and seek funding. 10.C.3. Train staff on new procedures. DATA NEEDED/COMMENTS _ It is necessary to provide orders for library materials in MARC — format when the new catalog is brought on-line so that staff and library users will have access to information on items on order from the catalog. Optimistic timetable. Better fund accounting will _ assist with the library's decentralized selection system and the increasing number of designated gift accounts. - OBJECTIVE 10.D. Establish a budget for ongoing computer replacement _ fund of not less than $30,000 annually starting with FY92. TASKS 1O.D.1. Include in FY92 budget. DATA NEEDED/COMMENTS This item does not reflect major new funding. It retains funds committed annually through FY91 to pay off the computer upgrade completed in November 1986. I PAGE 32 GOAL 11. Library will plan facilities and equipment to meet needs of the Iowa City community. CONCERNS/ISSUES/STATUS At certain times of the week, there is scarcely enough room for people who come to the library. There is a need to expand shelving capacity and to make room for better methods of displaying the book stock. There is lack of seating space, especially on the first floor. There is no firm data about what geographical areas use the central library to help determine the need for additional library service outlets. The library has no vehicle to serve jail and deposit collection sites, yet more outreach services are being requested. Outreach will become an important element in the delivery of children's services under this plan. OBJECTIVE 11.A. Have long-term facilities plan ready for Board approval by June 30, 1991. TASKS 11.A.1. Have "brainstorming" session with Board and staff to plan scope of plan/organization/charge of committee (Early, FY90). 11.A.2. Appoint committee, organize and orient (FY90). 11.A.3. Develop list of data needed: surveys, demographics, options, etc. 11.A.4. Assign staff to obtain and prepare data. DATA NEEDED/COMMENTS This plan should include options for building expansion, branch or other type of delivery points. Library has no data on where library users live, how far they come, barriers to use in downtown location, etc., but can start generating some information from its own database starting in FY91 (CLSI software enhancements). OBJECTIVE 11.8. Redesign first floor layout to bring more books and book displays to area between Information Desk and Checkout Desk (FY91). TASKS 11.8.1 Evaluate experience gained from Task 7 A 2 11.8.2. Have proposed layout ready for approval by January 1990. 11.B.3 Prepare budget proposal by August 1990. 11.B.4. Prepare bids in March 1991 if budget approved. 11.8.5. Install by fall, 1991. 9 PAGE 33 DATA NEEDED/COM ENTS Many think too few books "show" when one enters the library. Library has need for alternate uses of some space now used by new books and paperback racks. 50% of library users browse rather than seek a specific item and welcome displays/arrangements that assist them in finding materials. OBJECTIVE U.C. Provide additional shelving capacity on first and second floors by FY1991. I TASKS 11.C.1. Decide on an maximum size for all collections (FY89). 11.C.2. Put first floor shelving needs in FY90 budget (Sept. 1988). 11.C.3. Install by 7-1-90. I 11.C.4. Finish second floor plan and submit with FY91 budget (Sept. 1989). 11.C.5. Install by 7-1-91. DATA NEEDED/COMMENTS Data was prepared on first and second floor shelving in 1987 that make estimates about growth rates and shelving needs. OBJECTIVE 11.D. Have vehicle for use by library's outreach workers by 1-1-91. TASKS 11.D.1. Make proposal to Friends to raise funds for initial vehicle (FY89). I 11.D.2. Set-up replacement fund in operating budget the same year the vehicle is received. DATA NEEDED/COMMENTS Objective I.B. will require access to transportation. The library already needs for jail service and deposit collections. //a3 A PAGE 34 i GOAL 12. The community will be kept informed about library needs and services. j CONCERNS/ISSUES/STATUS All surveys, many suggestion forms, Library and Friends' board members and _ Planning Committee members from two consecutive plan cycles repeatedly mention the need to get more information to the public about the avail- ability of library services. Public information activities are very time - intensive and, given current level of funding, are unlikely to be adequately staffed. It is essential to focus our efforts in this area on a few basic, comprehensive publicity vehicles and to select the new initiatives in this plan for emphasis. It is also essential to keep a high profile about the needs of the library to sustain the momentum of the Centennial Endowment Fund Drive. —� OBJECTIVE 12.A. Provide information to the public about the new initiatives in the five-year plan (FY90, FY91). n TASKS '( 12.A.1. Develop unified publicity materials to support Children's Department plans for outreach programs (FY90, FY91); transit project to bring children to use the library (FY91); general promotion of library services for the young child (FY90, FY91); the campaign to promote reading to young children. (See also Objectives 1.A.2., 1.8.4., 1 1.C.4., 3.B.4.) 12.A.2. Provide appropriate information for public to understand the purpose for surveys by the Information Department of library users and of businesses and local governmental agencies (FY89, FY90). _^ 12.A.3. Mount a campaign to introduce the new on-line catalog (FY91). 12.A.4. Develop a promotional campaign to encourage donations of — recent bestsellers to the library (FY89). OBJECTIVE 12.B. Regularly review the library's basic public informa- tion efforts (FY90, FY91). TASKS 12.B.1. Evaluate the content, distribution and method of producing the library's newsletter (FY89). J 12.8.2. Investigate the use of the Channel 20 -character generator to provide a continuous program of library events and services for those waiting to check-out (FY90). 12.8.3. Develop a plan to gradually transfer some public informa- tion functions from Community Services to the Development 1/,73 9 PAGE 3 Office during FY90-FY94 (FY89). (See also Administrat and.Facilities 1.A.) OBJECTIVE 12.C. Provide public information support for Foundati goals for FY90 and FY91. TASKS 12.C.1. 12.C.2. 9:[tIM11 GOAL 13. The Library Board will do long-term financial planning. CONCERNS/ISSUES/STATUS The City has shifted from annual to triennial budget and financial plans. Unless the library begins to do the same, it could find itself locked into financial decisions made by others. Our five-year planning cycle activities should provide the base to develop a longer-term financial plan. OBJECTIVE 13.A. Develop a three-year financial plan by July 1, 1990, and update annually. TASKS 13.A.1. Review concept with Board in order to decide how to proceed by August, 1989. 13.A.2. Have staff prepare data on all sources of library income to review with Board or Board committee by January 1, 1990. 13.A.3. Use facilities plan (11.A.) and staffing plan (9.B.) as resources for the annual update. J j APPENDIX A IOWA CITY PUBLIC LIBRARY CHARGE TO THE PLANNING C0MMITTEE I. PREPARE A REPORT THAT WILL: i 1. Recommend service priorities for 1990-95. a. Review current resources, services and methods of delivery. b. Examine community needs and changing circumstances. c. Recommend ways to allocate existing and potential resources to met service priorities. J 2. Assess the ability of the existing facility to meet library needs of — the Iowa City Area through 1995. J 3. Evaluate conmunications between the library and the community. J II. FORMAT THE REPORT SO THAT IT CAN SERVE AS A PLAIT OF SERVICE FOR 1990- 1995. J 7 III. INCLUDE ANY REPORTS, SURVEYS OR DATA GATHERED TO SUPPORT THE COMMITTEE'S RECOMMENDATIONS. I JI IV. COMPLETE THE REPORT BY JULY 1, 1988. JPublic Library Board of Trustees Adopted March 15, 1987 9 - - --- -- COMMUNITY TRENDS AND CLIENTELE/LIBRARY NEEDS A. USERS/USE OF LIBRARY SERVICES - 1 TREND OR PROJECTION IMPACT ON LIBRARY 1987-1995 1. Age group 35-49 will increase 40% 1. Baby boomers heaviest and most sophisticated as baby boomers grow older. library users in history. Use by this age group will increase significantly. Use now drops off dramatically by those 40 and over. The use of all services will continue to increase at current rates. Will need larger collections. Can expect mora demand for user input into service and collection design. 2. Number of children in pre-school 2. Increased demand for children's programs and and primary grades increasing. More children's material. Space already a problem. Young than older children because parents More need to serve day-care centers and family leave at end of professional training. day homes. Increased number of preschoolers in day- care environment and child with one/both parents working becomes the standard. 3. More "high tech" employees if 3. Nigh Tech employees are the kind city's economic development goals are that place heavy demand on library resources. realized. The average age of workers A larger percent of library users continue is increasing as people work longer, to have both work and personal information retire later. (See also s12). needs. 4. Iowa City population not increasing 4. New library more heavily used (i.e. worn) at as fast as projections when building this stage in its history than planned. planned but regionalism may be a growing Collection too small. Expansion a possible concept with growth of north corrider to need at earlier stage than expected - Cedar Rapids. Iowa City itself to or will growth level off? More pressure for expand more to east and west than access by non-residents if regionalism north and south. develops. S. Number of University of Iowa 5. Large impact on rate of use of library - students will decrease. could also have negative impact on number of gift books received. Economic impact on community's tax base. 6. Design of library services will 6. Much higher per unit cost for serviing these attract increasing number of disabled, special populations - special materials, more non-English speaking, elderly, adults costly delivery methods, more staff assistance with limited reading skills. People per user, to whom English is a second language at 3% is Iowa City's largest minority. COST TO LIBRARY To increase collection to 200,000 would require $50,000 to 560,000/yr for 10 years above current level of effort - plus staff to select/process. Larger children's collection. May need larger share than current 15: of materials budget. Outreach to day-care Providers could be a costly service. Sophisticated information services, Hider range on subjects. All formats: on-line, CD-ROM software,. etc. Building expansion or branch sooner than the year 2000? Branch development could relieve pressure on children's and adult recreation materials at main building. Will fewer students be offset by increase in use by those aged 35-49? Staff time. Special materials. to A. USERS/USE OF LIBRARY SERVICES - 2 ------------------------------------- TREND OR PROJECTION 7. Expect increasing use of library services by this community's 500 organizations. 8. Increased interest in promotion of literacy and reeding. 9. Recognition of how people select materials - i.e. well over 50% browse rather than seek systematically. 10. More and more people are trained and expect to be able to prepare their own information packages when standard materials not available. 11. Continued increase in the number of people needi'ng resources for continuing education. 12. Increased emphasis in Iowa City on the international economy, Pacific Rim, economic conditions in Iowa City. 13. Reduction of service levels and increased cost of local bus system. More difficult for elderly, children, handicapped and low income to get to library. COMMUNITY TRENDS AND CLIENTELE/LIBRARY NEEDS IMPACT ON LIBRARY 1987-1995 COST TO LIBRARY 7. Places heavy demand on facilities: meeting Staff time. Equipment. rooms, cable TV, displays, special programs/ info needs. 250 different groups a year use meeting rooms. B. Library expected to participate in any Staff and materiels. such efforts. 9. Need to make changes in arrangement of New shelving and signage. library; to revise style of shelving for some areas. 10. Growth in use of AV lab - need to increase One person = 520,000/yr. hours open, equipment available. Editing Equipment, equipment already overbooked. ll. Library works formally or informally with Materials - more technical, continuing education agencies. special subjects. Staff for one -on -ane assistance. 12. Additional materials in economics, business, Materials/staff. foreign language. More resources, information on jobs, career counseling. May need to expand services to business community, 13. Reduction in use of some services? Increased use of outreach services. Requests for alternative delivery methods. ILLI ILLI ___. COMMUNITY TRENDS AND CLIENTELE/LIBRARY NEEDS B. USE OF INFORMATION RESOURCES/CHANGING TECHNOLOGIES _________________________________________ILLI-______________ _________________________________________________ ___LIBRA_____________ TREND OR PROJECTION IMPACT ON LIBRARY 1987-1995 COST TO LIBRARY 1. More and more need for information available only in magazines and newspapers. 2. Much information (or the prime index to the information) available only from computerized data bases. 1. Need to increase number of newspaper and magazine subscriptions - to increase space for their display, some in electronic form. Increasingly sophisticated computerized indexes and retrieval systems. (Info Trac added 4/87). 2. Need to acquire equipment and subscriptions to allow access to these services. Specialized training for staff essential. 3. Many new formats emerging: CD-ROM, 3. Some important info resources will be compact audio disc, digital audio available only on CD-ROM. Audio recording tape (DAT), high definition TV (HDTV), collection is being converted to compact Super VHS. Larger demand for AV discs. Software collections need to be built formats - especially video. Expect (with additional micros available for use continued rapid changes in all computer in-house). On-line catalog goes to version II technologies. in FY1991. 4. Access to information - in all forms - increasingly essential to work/personal life of typical Iowa City Library user. Importance of locally produced info: local newspaper index, Association file, local events file, 16 R resources. 5. Changing methods of accessing information resources - from home and office via microcomputers, cable TV. Changing methods of delivering information - printed on demand, electronic mail, home delivery, etc. 6. Government information sources which were formerly free or inexpensive now not available or very costly. 4. Volume of business at Info Department will continue to increase at 5% - 10% a year. More time needed to create/organize local info resources and to work cooperatively with other local info, health and social agencies. 5. Library will need to continue to experiment with alternative methods of into retrieval and delivery. Already being approached by commercial and non-profit agencies to cooperate in automated delivery systema. Recent examples: Talking telephone book, U of I recorded information by phone, Instant Find, Iowa Locator, recommended statewide 2 -way video network. 6 Increased coats for government publications or now methods sought to replace missing government reference tools. $25,000/yr now. Inflation Plus expansion = $45,000 by 1995. At least $5,000/yr new money for subscription and computer time. $2,000 in FY88 and FY89 budget. Transition to compact disc adds up to $5,000/yr. for several Years. Software - $2,000/yr. More public computers? Costs to train on new catalog. Staff expertise to make proper choices in new technology. One-quarter Info Librarian per year would add = $6,500/yr. Need to plan for triple staffing at Info Desk - one for phone. More support staff. Equipment. Telecommunications. Staff time to learn and assist users/other staff. Greater cost to obtain some or similar information. v 7. Periodic threats that other area 7 Pressure on ICPL to provide genealogy materials Grave impact on materials M libraries will have funds cut or be never provided as in most local libraries. More costs and staff time to o closed (Kirkwood, public school space for local history materials (Historical assist. Space coats. >< j libraries, East Central Regional Library, Library). No bock -up reference services (ECR). U of Iowa, State Historical Society). More demands from students (public schools, On Kirdwood, U of I).16 w f l -------------------- � I ' C. FINANCIAL/ADMINISTRATIVE TREND OR PROJECTION 1. Library's rate of use increasing at a faster rate than city's ability to finance it unless library gets increasingly larger share of city's resources or city's tax sources increased. Johnson Co, also hurting fiscally. 2. More and more city services carry user fees as a way to increase city revenues. 3. Unlikely that Federal funds for libraries will continue at current rate; Iowa one of small minority of states with no direct aid to public libraries. Current economic condition of state makes passage of such legislation very unlikely in near future but legislative proposals in preparation. 4. More and more competition from other non-profit agencies for gift dollars as all hurt by loss of tax dollars. Also competition for local tax dollars 5. Increasing competition for volunteers as other agencies get their budgets cut. 6. Costs of library materials continue to increase faster than consumer price index. (Ex. CPI up 1.9% in 1986 vs. 5.5% for library materials index.) 7. Library building will be 15 years old by 1995. LIBPROJ - Revised 5/88 COMMUNITY TRENDS AND CLIENTELE/LIBRARY NEEDS IMPACT ON LIBRARY 1987-1995 1. Library may receive less increase or no increase in local tax funds - and thus will have to spend more time/energy finding ways to increase resources through other means - despite great efforts to do Just this since 1981. Library Board has considered a local levy vote; assisted with campaign for local option sales tax (1987). County now pays lox of operating budget. 2. Library committed to free library and thus must resist trend toward user fees - find other ways to get revenue. 3. Iowa City Public Library hod about $75,000 in Federal Library Services and Construction Act money 1978 - 1982. (Received $28,000 in 1986/87). Special postal rates for library materials being phased out. If state funds available to ICPL it may include proviso to serve residents from other communities. 4. Will become increasingly necessary to try to raise gift dollars - but increasingly difficult to do so. 5. Fewer volunteers available? Narrowed guide- lines on how volunteers can be used. (Fair Labor Standards Act already had impact on volunteer work of employees). S. Materials budget buys less unless materials budget increases at faster rate that average inflation rate. Budget increase does not match growth of use rate. 7. If there is a decision to enlarge, refurbish, or expand to additional outlets it needs to be made in o timely fashion and added to City's long-term capitol budget. COST TO LIBRARY Income from Foundation and Friends becoming increasingly important. Gift dollars plus gifts -in-kind now account for one-third of materials added. Some new equipment and public relations activities from gift dollars. Lack of Council/public understanding an this issue. Federal LSCA support very uncertain. Postage costs up. Pressure to use library by non-residents will continue. Would state funds offset costs of serving more people? Income from Centennial Endowment Funds is promising - Income will be $20,000/yr. by FY89; $50,000 plus by FY1995. Service cuts could be necessary if volunteers decrease and cannot be replaced. Ench year, greater and granter share of materials budget must come from private funds if buying power to be maintained. ' Planning time plus capital costs (or increased operating coats). On APPE140IX YOUNG CHILD'S DOOR TO LEARNING _ COLLECTION Strengths. An outstanding collection of titles for all ages, especially for the young child. Picture books, readers, fiction and non-fiction are supplemented by recordings, toys, games, video and a large paperback collection. The Parents Center materials are designed for people who work with the young child. Care has been taken to add subject headings so all topics and types of materials can be located easily in the catalog. Areas for growth and improvement. Many books are in poor condition through heavy use. There are not enough funds to provide an adequate number of duplicates or to allow prompt replacement and rebinding of tattered copies. There are questions J about the definition of the non-fiction collection for grades 1-3. The video col- lection is too small to provide choice, and video movies for children are in the adult movie collection. STAFF/SERVICES j Strengths. The Children's Librarian has 40 years of experience in selecting mate- rials and advising children, teachers and parents. All staff members have strong readers advisory skills and broad knowledge of children's literature. They produce — provocative displays, programs and story hours. Special efforts are made to reach daycare children, handicapped children and others with special needs through chan- nel 20 programming and special events as well as ongoing programs. Areas for growth and improvement. The small staff is stretched thin. Four of the five regular staff members are part-time, making communication difficult. The Children's room does not always have a permanent children's staff member on duty. There is little time for outreach efforts to' children whose parents don't bring them to the library nor enough time to interact with children on a day-to-day, informal basis. J FACILITIES Strengths. The Children's Department has a prime first floor location with much exposure on the College Street Plaza. There are corners for play and for private reading. It is an attractive environment with lots to look at and lots to do. The story hour area is well designed for small groups and is a usable and secure space for independent play by toddlers when no formal activity is planned. The service J desk is visible and accessible. There are two places for adults to read and relax, with their children or while waiting for their children. A striking display case and Paddington Bear are focal points for all who enter the room. Shelving and furniture are sized for children. There is attractive and useful signage. Areas for growth and improvement. The staff needs another terminal for "their side" of the service desk. A public microcomputer would be a useful addition. The work room is too small for four people plus all the creative materials essential to children's activities. During finals week University of Iowa students invade and dominate seating areas unless controlled. Story hour area is too small for some types of programs and closing the door to the area makes it seem too confining. INFORMATION CENTER COLLECTION WA Strengths: ICPL has an excellent reference collection including in-depth informa- tion about the Iowa City community and timely, accurate, and useful information about all subjects. About $40,000 per year is spent on new and updated reference materials and information services. This is 25% of the annual materials budget. Special features of the collection include a local newspaper index, an Iowa City association file, a local documents collection, an extensive pamphlet and clipping file, a large collection of giveaways on local and state services and activities, specialized business and consumer resources, special resources for job seekers, a j local events notebook, and a large telephone book collection. The many specialized J libraries at the University of Iowa and the State Historical Society Library allows ICPL to avoid acquiring specialized resources in some fields. Areas forrowth and improvement. Access to on-line data bases is J 9 mp just getting underway. Many local files need to be automated and there is not enough staff time to create other useful files or to prepackage information for frequently requested topics. Periodicals and newspapers need better security control. STAFF/SERVICES Strengths. The staff is service-oriented, approachable, open, informed, with in-depth knowledge of the community's resources and needs. They are involved with local community groups and projects; committed to meeting the general information needs of the public; willing to use any personal resource for assistance; eager to upgrade their skills. With three people always on duty (two information profes- sionals and an information aide) the library has made an extensive commitment to this service. J Areas for growth and improvement. Use of information services continues to grow faster than staff resources. There is insufficient time to assemble and update local information resources and to develop specialized support for local govern- ment, businesses and economic development efforts. Phone questions cannot always be answered promptly and staff is inadequate to give clients the in-depth help they frequently need. Training on new information technologies is frequently delayed. -- Additional skills in foreign language, interviewing, and data base searching are needed. There is no time to prepare programs or packaged information in response to current events. Little staff is available to make sure the public is aware of services. The library could assume a leadership role in coordinating agencies that collect and dispense local information into a more effective network. FACILITIES Strengths. The original design of the Information Department gets a B to a B+ on effectiveness. The location is excellent -well-signed and visible. The desk itself invites people to ask questions. The recently installed search/equipment area is a useful addition. Specialized equipment makes information available to the disabled. Shelving space is adequate for most collections through 1994 al- though business/consumer area is overcrowded. C-3 Areas for growth and improvement. There is a lack of privacy for extended refer- — ence interviews. Noise travels easily to the second floor through the skylight shaft and the skylights themselves cause glare on terminal screens. There is a shortage of seating space in the information area. C-4 POPULAR MATERIALS LIBRARY COLLECTIONS Strengths: Popular materials are defined as those chosen by the library user for recreation and leisure time use, selected without a defined learning goal except to enrich, entertain, divert or escape from more purposeful activities and responsi- bilities - materials found through browsing. ICPL is quite strong in its popular materials, especially in the variety of titles and formats provided: books, paper- ; _ backs, large print materials, magazines, comics, games, audio and visual record- ings. Specific requests are generally honored. Current interest and popularity may j override standards of quality. Multiple copies of many popular titles are pur- chased. Popular materials make up the bulk of the collections at outreach loca- tions. The library's collection receives the most pressure to "perform" in this area. Areas for Growth and Improvement: Several popular collections are still much too small to provide good selection (movies, CD's, kids' video). The amount spent for duplicate copies is never satisfactory; print materials are more frequently dupli- cated than non -print. Heavy use and high loss requires higher collection mainte- nance costs (staff and materials). There are insufficient reading materials in J other languages. { - STAFF/SERVICES: Strengths: A very strong commitment to the importance of this recreation and fulfillment function. Selectors are knowledgeable about popular culture events and materials and try to anticipate and respond to trends. Suggestions and recommenda- tions are systematically solicited from all staff and from the general public. Reserves are handled promptly and efficiently. Reserve fees limit reserves but put more current materials on shelves for browsers. The shelving of popular materials is a high priority. Areas for Growth and Improvement: Reader advisory skills to respond to questions like "what is another good book like ?" could be improved. There is not enough time to prepare book lists and provocative displays. Reserve _ fees limit use of that service to obtain popular materials by those aged 18-65. FACILITIES: Strengths: General relaxed, informal environment with comfortable places to read, listen, view or just browse. It is easy to find popular materials through signage and because most have highly visible first floor locations. Areas for Irtprovement: Popular areas are frequently crowded. Lounge areas are not visible from public desk areas. The popular library and the information department side-by-side sometimes are in conflict regarding noise, and seating space. Long lines and poor parking make it difficult to run in to pick up a reserve or quickly select a novel or movie. New books, fiction and paperbacks are not as visible as popular AV collections. Bookstore (faceout) shelving and browsing display space would aid the browser. Recent magazines are hidden under display shelves; books - on -tape are difficult to find in their current location. The use of top and bottom shelves are always hard for elderly and those with poor vision. A better system for off-site delivery or a branch outlet would relieve the extremely heavy traffic for popular materials into the building. INDEPENDENT LEARNING CENTER COLLECTION C-5 Strengths: There is a strong, well -selected non-fiction collection in a variety of formats and levels of treatment in all subjects of general interest. Many non- traditional sources are used to select materials. The non -print, non-fiction component is especially strong and well used with circulation increases of185t in the last five years. Recorded books, foreign language study materials and adult beginning readers are special features of the collection. Other subject strengths include travel, cookery, careers, psychology, medicine and art. Systematic dupli- cation of core titles in each subject improves availability. Areas for growth and improvement. Print collection is not growing at an acceptable rate. The number of periodicals, newspapers, and non-fiction videos could be expanded considerably. There is no systematic learning exchange service. Inter - shelving of 4th to 6th grade non-fiction with adult materials is a possible disad- vantage to the elementary age child. Generally the library needs more money to keep all collections developed and maintained. STAFF/SERVICES Strengths. Use of independent subject specialists for collection development create "experts" in all subject and format areas. The selection staff is committed to supplying learners what they need. Staff cooperates with other agencies serving educational needs of the community. Library instruction classes and tours, in the i library and on Channel 20, assist the independent learner. There is high awareness of special needs of disabled learners. Areas for growth and improvement. Skills to be improved include readers advisory, counseling for learners working on independent projects, adult education basics. _ Services to be provided include adult programs/seminars on hot topics; booklists, bibliographies and searching guides for popular subjects; orientation and advising for new cardholders; introduction of adult non-fiction collections to 4th -6th graders. _ FACILITIES — Strengths. The library is a relaxed, informal, comfortable place to study and read. It is generally well signed with the intent of making location of materials easy for the independent •learner. Catalog terminals and AV playback equipment are distributed throughout the building as is lounge and table seating. eatin There is special equipment for the handicapped library y user and an audio visual lab for learners wishing ing to produce their own packages of information. — Areas for growth and improvement. There is an inadequate number of quiet study spaces because of heavy use by University of Iowa students. The AV lab should be open more hours (now 20 hours per week). Some feel the noise level is too high. The on-line catalog needs key word access and cross references for easier self- service and better retrieval of information. Computer access for disabled could be improved. Signs, especially in the non-fiction stacks, should give more specific information about location of popular topics. //a3 C_% i COMMUNITY ACTIVITY CENTER COLLECTIONS: Collection is not emphasized in this role. f STAFF/SERVICES: Strengths: Staff members know the community, are active in community organizations and are committed to the concept of the library as a central community resource center. They have good technical expertise - AV, displays, children's programming - and make optimal use of the facilities, the equipment and their very limited ry time. They are known and respected by community activists and have worked with many local organizations to co-sponsor local programs such as income tax assis- tance, National Issues Forum, and Model Railroad Engineers. They also see that the library serves as a distribution point for group activities - sign-up forms, play scripts, contests, and general organizational brochures and announcements. They ar able to cover most library programs on cable to record them for archives and future use. Library publications and Channel 20 are used to provide information about both library and community events and services. Areas for Growth and Improvement: Staff skills and ideas are under-utilized be- cause of lack of time and the pressure of other duties. Co-sponsored programming, _ coverage by Channel 20 and library produced displays were cut back a year ago. With over 600 organizations the community needs a better system of information about community events. Community organizations could contribute even more useful and creative programming if there was staff time to train them on use of facilities and to provide other services that would enhance organizational operations and project planning (example: parliamentary procedure, grantsmanship, etc.). J FACILITIES: Strengths: ICPL has one of the outstanding facilities in the country for support of this role. The building has more capacity than has ever been fully utilized, It is centrally located and accessible to handicapped. Meeting rooms are used by 250 groups for over 1,000 meetings each year and are well-designed for all kinds of programs and meetings. The AV lab, the ability to cablecast from several building — locations, the availability of check-out production equipment, the location of the community access studio for cable TV in the library all provide strong support for community groups and area superb outreach tool for the library. The varied dis- play facilities are in heavy demand. The bulletin board and give-away rack in the lobby makes the library a clearinghouse for community information and activities. Areas for Growth and Iugrovement: Reduced hours have had a major impact on this — role. There is a high turn -down rate for equipment and meeting rooms. The projec- tion booth is under-utilized. Meeting Room A needs a large screen TV, coffee maker and piano. There could be a better way of posting meeting room events and announc- ing events in progress. Storage space for the meeting rooms' support equipment is limited and the rooms are difficult to deliver to and to set up for large events. There is poor parking facilities for a large crowd. The AV lab and the community access studio are open fewer hours than the library. Channel 20's potential is gravely under-utilized. Wall surfaces for mounting displays could be improved. An electronic bulletin board would improve bulletin board, give-away rack, meeting room and general library information functions. //,z3 C-7 GENERAL ASSESSMENT: The facilities are heavily used, but specific features are under-utilized and the role is under -supported compared to demand. FORMAL EDUCATION SUPPORT CENTER COLLECTION C-7 Strengths: The library can respond to most Iowa City Community School District assignments, both from the adult and children's collections. Materials of all levels of ability and a variety of formats arranged by subject is an advantage for j most students. Backfiles of periodicals and periodical indexes (especially Info Trac on microcomputer and CD-ROM) get heaviest use by students. Areas for Growth and Improvement: There is no regular method to build collections - to supplement the curriculums of the public schools, Kirkwood, area training and technical courses, or continuing education for professionals. There are few profes- sional journals. Periodical back files could be extended and back files of peri- odicals could be more accessible. The library is frequently unable to fill requests for slides and video to support public school assignments. Fees for reserves and no recall system makes it hard to get support materials by a deadline. Materials for adult beginning readers are not adequately accessible. Some fourth to sixth graders have difficulty finding inter -shelved non-fiction materials. The chil- dren's non-fiction collections need finer definition. Objective collection use data factors in University of Iowa curriculum use despite library's goal to exclude University of Iowa students from this role. 7 STAFF/SERVICES: .w Strengths: Staff has a commitment to assist the student and a healthy respect for educational programs. Except for University of Iowa students, it is the intent to I treat students of all ages equally. There is regular contact with public school teachers and librarians. Teachers are urged to submit Assignment Alerts; tours for sixth graders are conducted annually; tours of the library are shown regularly on Channel 20 for the convenience of schools. Information Department efforts to track local classes and courses help anticipate requests. Areas for Growth and Improvement: There could be more formal ties with institu- tions that support formal courses of study and better counseling for continuing education students. Staff needs time to give more point -of -need library use in- struction, especially to fourth to sixth graders, ESL students and beginning adult readers. Staff is not consistent in dealing with U of I students and probably need more patience with teenagers. Heavy use by University of Iowa students can impose on needs of other students. We have no special homework services or reserve system for class assignments. FACILITIES: Strengths: Central location makes it equally accessible to all public schools and - training centers. Long-term parking and bus service aid accessibility. The build- ing is an attractive place to study. Study groups and tutors make heavy use of study rooms; public lounges provide refreshments for long sessions; study facili- ties and equipment for handicapped; AV lab supports student assignments. Service desks are highly visible. Resources for magazine research conveniently located and well -organized. Areas for Growth and Improvement: Seating space is inadequate at certain times of day/year, especially the study rooms. Could use mohhre public typing and microcom- Qocetioriui�ro�a ly N�avorsr�l onlmii ove°rr pul:ur%tsc�iobT s�ru4%n ;librA�,ry1Bs�grp hAt 1ia3 C-7 often booked two months in advance so not accessible when needed. Copying from print and microform periodical backfiles is never as dependable or as high a qual- ity as desired. i I I� i I' Iowa City Public Library Fact Sheet POPULATION SERVED: Iowa City, 50,508; rural Johnson county, 15,000 (by contract). GOVERNING BOARD: A nine -member Board of Trustees appointed by the City Council with powers to employ a Director and staff, expend tax funds allocated by City Council, contract with other jurisdictions, and receive and spend gift funds and other revenues. Members: Charles Drum, President Ellen Buchanan Gary Reed Lois Cox B. Kent Swaim Tom Gelman Tom Summy Ted Pacha Nancy Willis STAFF: Librarians - 9.0 F.T.E. Other Permanent Staff - 20.25 F.T.E. Hourly Pay - 9.3 F.T.E. Volunteers - 100 CARD HOLDERS: 47,000 COLLECTIONS: Books - 150,000 volumes Periodicals and Newspapers - 500 current subscriptions Non -print Materials - 15,300 items ANNUAL USERSHIP FIGURES: Circulation - 670,000 Visits to Library - 500,000 Information Requests - 75,000 Program Attendance - 23,700 Meeting Room Use - 1,000 meetings ANNUAL BUDGET: $1,300,000 Tax Support: City - 85%, County - 10%, Federal and State - 0% Other Revenues - 5% Expenditures for Library Materials - $160,000 PHYSICAL FACILITIES: 47,000 square feet building opened June, 1981 with meeting rooms, audiovisual facilities, on-line auto- mated circulation and catalog system and space for 220,000 volumes. SUPPORT GROUPS: Friends of Iowa City Public Library. Founded 1976. 825 members. Iowa City Public Library Foundation. Founded 1982. 1000 contributors. 5/24/88 //a3 9 Douglas W. Jones 1136 Franklin St. Iowa City, IA 52240 home: (319) 338-2879 office: (319) 335-0740 July 18, 1988 City Council Members City of Iowa City, Iowa Regarding Mr. Glasgow's request for a retroactive permit to place fill in a wetland on his property west of Terrill Mill Park. The wetlands along the border between Terrill Mill Park and Mr. Glasgow's prop- erty are but a remanent of a major system of wetlands that once extended from the area of Terrill Mill Dam to about Iowa Avenue. Of these, all but the wetlands under discussion today have been destroyed. Only one other significant wetland remains along the reach of the Iowa River between the Coralville Mill Dam and the Burling- ton Street Dam, and more than 50 percent of the riverbanks along this reach of river have been modified so that they no longer resemble natural riverbanks. In the remainder of this letter, I will emphasize the importance of wetlands and natural riverbanks to our community, and I will substantiate the claims made above. Importance The water quality in the Iowa River is not particularly good. During the hot months of summer, it frequently smells bad, and after processing, our drinking water does not taste particularly good. No doubt, high nitrate levels and high sediment loads contribute to this problem, but lack of biological diversity does not help. Biological diversity is at its lowest in a channelized river with concrete banks. In such a stream, about all that can be expected is carp and scum. A wild river with extensive wetlands is at the opposite extreme. Such a river can support a wide variety of life, from the small creatures that cat the scum up to game fish that eat the smaller creatures. This is the reason that the federal Clean Water Act originally included wetland preservation as a priority, and it is an important reason for us to consider today. We should also consider the way our river looks. No-one really wants a view of a concrete -lined drainage ditch, but most of us would love homes with a view of a tree - lined river. A riprap or stone riverbank is between these two extremes; if the riprap extends only a few fee4kabove the normal water level, it isn't bad looking, but if it extends 6 or 8 feet up the bank, it doesn't look much better than a concrete wall. Riverfront development involving ugly erosion control measures lowers property values, primarily on land with a view of the poorly done development. Thus, there is good reason for the city to control such development. History In order to determine the extent of any damage that may have been done to Iowa City's riverfront wetlands prior to the work currently in question, I consulted maps available at the Iowa State Geologic Survey and at the University of Iowa Map Library. It is clear that, prior to the modern interest in ecological concerns, no-one cared much about swamps, and unless they were quite large, none were mentioned on early maps. Nonetheless, an examination of the position of the river shoreline on old maps shows a number of backwaters or bays that suggest the presence of connected marshes. Irving Weber columns from the Press Citizen provide additional confirmation of the presence of wetlands, but less detail about their location. I will only concern myself with the reach of the Iowa River between the Burlington Street Dam and the Coralville Mill Dam because these two dams provide effective biological barriers to all but the largest and smallest creatures. In the area between these dams, I found evidence of 6 large backwaters on old maps, none of which exist today. The largest lost wetland on the Iowa River was the area around Dillon's Island, clearly shown on the 1854 Iowa City map. This was in the area currently filled with parking lots north of the Iowa Memorial Union, and it appears to have been reasonably large. The 1854 Iowa City map also shows a smaller backwater at the foot of Church Street. The 1900 County Atlas map of East and West Lucas Townships shows 2 large backwaters in the area that is now the University of Iowa fine arts complex. One was opposite Fairchild street, the other was opposite Kimball road. The 1965 United States Geological Survey map of Iowa City shows another wetland in this area, under the fill just east of Hancher. . Finally, the Terrill Mill dam had an extensive complex of small islands and secondary river channels to the south of it; these are clearly shown on many of the old maps, including those in the 1900 atlas. These were destroyed by the WPA as part of their work on City Park in the 1930'x. 2 Survey In order to gain an idea of the number of remaining wetlands along the reach of river in question, I took a canoe trip on Sunday, July 17. In my survey, I found one wetland complex comparable to those which appear to exist around Dillon's Island and the Terrill Mill dam. This is just downstream of the Coralville Mill dam on the east bank, in an area which appears to be designated as an emergency flood channel should the river rise to a level which the dam cannot handle. The second largest wetland system I found was the stream dividing Glasgow's prop- erty from Terrill Mill Park. This is currently dry, but in past years, when the river was at a normal level, I have been able to canoe back into this stream some distance and observe a wide variety of frogs, small fish, turtles, and other creatures in the water. The forests on each bank of this stream are low and in normal years quite wet, and the riverbank at the mouth of the creek is unusually low and unusually free from serious erosion problems. The third largest wetland system I found was also dry. It is a natural floodplain drain upstream from the end of Taft Speedway and across from Normandy Drive. This appears to drain a large basin of the floodplain on the peninsula, and should, when the river level is normal, contain a small inlet. I found four storm drains and creek mouths along the river that supported small wetland communities, one by Kimball road, one by Hancher, one in the center of Terrill Mill Park, and one in CRANDIC Park. In addition, I must note that Clear Creek drains numerous wetlands, but that many of these are far upstream, and most in the vicinity of the river have long since been filled. The low river level and lush riverbank vegitation may have hidden other wetlands from view. I will close this section by noting that I maintained records of the nature of the riverbanks along the area I visited. Of the riverbanks along this reach of the river, more than half is riprap, stone wall, or worse. The developed areas along Taft Speedway and Normandy drive have some of the worst looking banks, but by far the worst damage has been done by the city along Rocky Shore Drive. Few owners of developed land have done outstanding jobs of riverbank maintenance along the river. Perhaps the three most notable exceptions are those at the intersection of Park and Normandy, those just west of Terrill Mill Park, and the University for the way the bank is maintained near Hancher. Recommendation With specific regard to the Proposal which Mr. Glasgow and the Corps of Engineers have put up for public comment, I recommend that no fill be allowed in any of the wetlands on this property. They are the second largest remanent of a once extensive 3 system of wetlands along this reach of the Iowa River, and they should be preserved. Furthermore, I recommend that any fill which has been placed on what was once wetland be removed, as best as is possible, and that this land be restored, to the extent possible. Mr. Glasgow's proposal contains a specific recommendation that riprap be placed on the riverbank and up the first few feet of the stream dividing his property from Terrill Mill Park. This appears unnecessary, and the act of placing this riprap would itself endanger more of this wetland. There is no evidence of erosion problems in the stream channel itself, and the low riverbank along his property appears to be less erodable than most riverbanks in the area. In closing, I would recommend that all members of the City Council consider visiting Iowa City by canoe. It provides a useful perspective on land use, and it is a great way to see the impact of urban development, at its best and worst, on our environment. Sincerely Douglas W. Jones Member, Riverfront Commission 4 City of Iowa City MEMORANDUM DATE: July 20, 1988 TO: Memo for Record FROM: City Manager RE: Material Sent to Council Only Memoranda from the City Manager: a. Chamber of Commerce Economic Trends 1988 b. Update - Animal Shelter Project C. ACT Development Proposal - Update d. Pending Development Issues Copy of letter from the City Manager to the U.S. Army Corps of Engineers regarding application of Jim Glasgow Construction. Copy of letter from Legal staff to Jerald Barnard regarding spraying of insecticides. Copy of letter from 1DOT regarding blocking of street by railroad. Memo from Legal Dept. re regulations of newsracks on City property (update) I w City of Iowa City f MEMORANDUM DATE: July 20, 1988 TO: City Council FROW City Manager RE: Chamber of Commerce Economic Trends 1988 The attached report was prepared for the Chamber of Commerce. An interesting summary report. cc: Department Directors Patt Cain 11 W W KA SO, -val F10=111- 6 RECEIVED JUL 7 C11Y 00 AREA /CHAMBER OF �� COMMERCE Serving the Iowa City, CoraMlle, and Johnson County Area July 5, 1988 Re: 1988 Survey of Johnson County Economic Trends Attached is a copy of the 1988 Survey of Johnson County Economic Trends. This survey was prepared by Carlson, Harris, McClure & McWilliams, Inc., at the request of the Iowa City Area Chamber of Commerce as a service to the Chamber membership. Any questions on this survey should be directed to Casey Cook of Carlson, Harris, McClure & McWilliams, Inc., or Pat Grady, Executive Vice President of the Chamber of Commerce. The report focuses upon the University of Iowa enrollments and population changes, retail sales figures, employment statistics, and building permits in the Iowa City/Coralville/Johnson County area. The time period covered ranges from four to eight years. We have included a brief summary of findings on page 1. Additional copies of this report are available at the Chamber office. Reprints of this information are prohibited without the written consent of Carlson, Harris, McClure & McWilliams, inc. The Chamber would like to thank Carlson, Harris, McClure & McWilliams, Inc., for providing this information. Carlson, Harris, McClure & McWilliams, Inc., is a full service real estate consultation and appraisal company serving the Midwest with offices in Des Moines and Iowa City. They are members of the Iowa City Chamber of Commerce. Iowa City Area Chamber of Commerce P.O. Box 2358 Iowa City, Iowa 52244 319.337.9637 /ia-s 4 _\ C��fl©os�o �a��ao �I�C�Ila�o � �3c�G%flIlIlfla�ap X60 Consultants and Appraisers of Real Estate John W. Judlltte, SRA William S. Carlson, MAI Residential ltsanager Scott D. Harris, MAI, SRPA, SRA Judy 2wanzlger Relocatlon Director CIII/ard T. McClure, MAI, SRA 7!d E. McWilliams, MAI, SRA Harry A. WlneRar. MAI Consultant CITY AND REGIONAL INFORMATION Summary The greater Iowa City population has increased slightly, despite losses in population statewide over the past five years. This is due to the higher number of students 'which has offset the drop in non -student population. Radical changes in the enrollments have not been evident despite declines in the college age population. It would appear the University is attracting a larger proportion of a declining applicant pool. Even so, enrollment in the next five years can be expected to decline by It to 2% per year. Since the student population comprises approximately three fifth of the total population, city wide population will decrease as a result. Despite serious problems in the State's agricultural economy, Iowa City has been insulated by the worst effects. Expansion in the public sector economy generated more than half of the new jobs between 1980 and 1984. Recent employment figures indicate a loss in public sector jobs from 1985 to 1987, which has been offset by increases in private employment. Sustained job growth over the next five years is unlikely in view of the declines in the public sector. Iowa City and Coralville are continuing to attract retail sales from smaller towns and outside the county. This trend should continue, but unlike years past, it is no longer accelerating. Johnson County has proven its ability to compete successfully with Linn County over the past two years. Modest growth is likely in this sector. Construction is likely to be stable. Single family construction has continued to be strong. The previous glut in multi -family housing has been absorbed and a healthy balance has been restored between supply and demand. The declines in enrollment and population should increase vacancy factors slightly and slow rental increases. This impact will be felt more strongly by units located more than a mile from the University. 800 Afldlnnd Flnnnclal Building ■ Des Molnes, Iowa 50309 ■ 515/244.2257 Iowa City - Cedar Rapids Office; Kryan "Casey" Cook ■ P.O. Box 27 0 loua City, lou;' 52244 ■ 3191351.2044 Location, General Description Iowa City is located in east central Iowa approximately, one hour west of the Mississippi River via Interstate 80. It is the county seat and population center of Johnson County. Iowa City is within one day ground traveling distance to many of the Midwest's major population centers, such as Chicago, Milwaukee, St. Louis, Kansas City, Omaha, The Quad Cities, and The Twin Cities. Iowa City lies 30 miles south of Cedar Rapids and 110 miles east of Des Moines. Due to the physical proximity of Coralville and Iowa City, many services and factors influencing trends and markets are common to both. The University of Iowa is the dominant characteristic and the arbiter of future trends in the city and regional economy. The University of Iowa Enrollment Enrollment at the University of Iowa increased from 1980 to 1984 by 4,612 students or 18%. The fall enrollment in 1985 was the first decline. This subsequent trend has continued through the spring of 1987. The enrollments are summarized on the following table. UNIVERSITY OF IOWA ENROLLMENT 1980 25,100 1981 26,464 1982 28,140 1983 29,599 1984 29,712 1985 29,651 1986 29,504 1987 29,133 Figures reflect fall enrollments. Source: Registrar 335-0217 According to Mr. David Jensen of Kirkwood Community College, the total number of high school seniors who immediately attended college dropped from 22,808 in 1980 to 21,540 in 1984 or approximately 5.6%. These declines were not felt by the University of Iowa, which saw enrollments increase 18% over the same time period. These increases are thought to be caused by the return of older students who did not attend college immediately after high school. Enrollment for 1987 dropped 371 students from the previous year. This drop indicates the trend of enrollments for approximately the next five years beginning in 1985. The University predicts nr ..,.en.l , M,i" A� W?, ra 11.,, m- m, VV-M?AnnA.. r-. ... .. ... ...1/�S Based on historical data and projections by the University of Iowa's Office of Academic Affairs, declines in enrollment are expected over the next five years. Unless these declines are made up in economic expansion in the private sector, Iowa City will experience a declining population. Retail Sales Comparisons show that despite the growing strength of the Cedar Rapids' economy, Iowa City has begun to hold its market position in terms of actual retail sales growth in 1986 and 1987. The 1987 sales figures show increases in Linn County (Cedar Rapids) at 6.32$ compared to Johnson County at 10.08$. In 1986, the growth rate was 3.50% for Linn and 3.41% for Johnson. County Retail (City) Sales Expressed in $,000's 1984 1985 1986 1987 ---Percentage-Change Polk 2,477,747 (Des Moines) 2,617,999 2,815,296 3,055,115 I 5.66% ,7.54% 8.52% Linn 1,062,947 (Cedar Rapids) 1,137,896 1,177,697 1,252,167 7.05% 3.50% 6.32% Scott 919,087 (Davenport) 985,001 1,007,055 1,033,880 7.17% 2.24% 2.66% Black Hawk 692,216 701,204 684,307 710,522 (Waterloo) 1.30% -2.41% 3.83% Woodbury 583,756 (Sioux City) 594,906 601,706 631,238 1.91% 1.14% 4.91% Dubuque 450,331 457,978 476,718 500,638 (Dubuque) 1.70% 4.09% 5.02% Pottawattami 345,160 352,290 352,174 386,699 (Council Bluffs) 2.07% -.03% 9.80% Johnson 424,458 441,737 456,819 502,854 (Iowa City) 4.07% 3.41% 10.08% State 14,180,662 14,542,220 14,789,014 15,588,804 2.55% 1.70% 5.41% In the past year, Iowa City added a 45,000 square foot Econo Foods grocery store with an adjacent strip mall, which adds 0�mTRmnn mmflcl. kjrx(t?Tlimma rn „��cnenna� ��as JORM MICROLAB •rtw�rxn xma� SERIES MT -8 OF PRECEDING DOCUMENT Location, General Description Iowa City is located in east central Iowa approximately, one hour west of the Mississippi River via Interstate 80. It is the county seat and population center of Johnson County. Iowa City is within one day ground traveling distance to many of the Midwest's major population centers, such as Chicago, Milwaukee, St. Louis, Kansas City, Omaha, The Quad Cities, and The Twin Cities. Iowa City lies 30 miles south of Cedar Rapids and 110 miles east of Des Moines. Due to the physical proximity of Coralville and Iowa City, many services and factors influencing trends and markets are common to both. The University of Iowa is the dominant characteristic and the arbiter of future trends in the city and regional economy. The University of Iowa Enrollment Enrollment at the University of Iowa increased from 1980 to 1984 by 4,612 students or 18%. The fall enrollment in 1985 was the first decline. This subsequent trend has continued through the spring of 1987. The enrollments are summarized on the following table. UNIVERSITY OF IOWA ENROLLMENT 1980 25,100 1981 26,464 1982 28,140 1983 29,599 1984 29,712 1985 29,651 1986 29,504 1987 29,133 Figures reflect fall enrollments. Source: Registrar 335-0217 According to Mr. David Jensen of Kirkwood Community College, the total number of high school seniors who immediately attended college dropped from 22,808 in 1980 to 21,540 in 1984 or approximately 5.6%. These declines were not felt by the University of Iowa, which saw enrollments increase 18% over the same time period. These increases are thought to be caused by the return of older students who did not attend college immediately after high school. Enrollment for 1987 dropped 371 students from the previous year. This drop indicates the trend of enrollments for approximately the next five years beginning in 1985. The University predicts 1 drops in enrollment, which are considerably more drastic than historical trends indicate. Considering the number of students living off campus and the number of students per household, a 371 drop in enrollment will cause demand for apartments to drop by approximately So units. Public Schools The Iowa City Community School System provides a quality education to the community, as indicated by a history of high rankings in various scholastic tests and the relatively large number of national merit scholars. Two high schools, two junior high schools, and 15 elementary schools serve the area. Additionally, private education is available from two Catholic schools serving grades 1 through 12. Coralville is included in the Iowa City School District. Public school's enrollments have been as follows: 1980 8,451 1981 8,256 1982 8,259 1983 8,226 1984 8,278 1985 8,481 1986 8,660 1987 8,819 Since 1984, annual increases are slightly over 23. This is a positive sign, although continued increases are necessary for the enrollment trend to have a significant impact on the local economy. Enrollments have recouped losses experienced in the early 80's. Population Characteristics According to figures published by the State Demographer's office, the population of the Iowa City metro area, including University Heights, Coralville, and Iowa City, has increased from 1980 to 1984 by 2.5% or 1,586 individuals. This trend runs counter to nearly all of the major metropolitan areas in the state. only Council Bluffs was able to maintain its population through the early 80's. The higher population in Iowa City is attributable to the increase in the University enrollments during that time period. It should be emphasized that population figures include both students living off campus and those living in University owned housing. 11as- Based on historical data and projections by the University of Iowa's Office of Academic Affairs, declines in enrollment are expected over the next five years. Unless these declines are made up in economic expansion in the private sector, Iowa City will experience a declining population. Retail Sales Comparisons show that despite the growing strength of the Cedar Rapids' economy, Iowa City has begun to hold its market position in terms of actual retail sales growth in 1986 and 1987. The 1987 sales figures show increases in Linn County (Cedar Rapids) at 6.32% compared to Johnson County at 10.08$. In 1986, the growth rate was 3.503 for Linn and 3.41% for Johnson. County Retail (City) 1984 Sales Expressed in $,000's 1985 1986 1987 ---------------------------------------- Percentage Change Polk 2,477,747 2,617,999 2,815,296 3,055,115 (Des Moines) 5.663 .7.54% 8.528 Linn 1,062,947 1,137,896 1,177,697 1,252,167 (Cedar Rapids) 7.053 3.503 6.323 Scott 919,087 (Davenport) 985,001 1,007,055 1,033,880 7.173 2.243 2.663 Black Hawk 692,216 701,204 684,307 710,522 (Waterloo) 1.303 -2.41% 3.833 Woodbury 583,756 594,906 601,706 631,238 (Sioux City) 1.913 1.143 4.913 Dubuque 450,331 457,978 476,718 500,638 (Dubuque) 1.703 4.093 5.023 Pottawattami 345,160 352,290 352,174 386,699 (Council Bluffs) 2.073 -.033 9.803 Johnson 424,458 441,737 456,819 502,854 (Iowa City) 4.073 3.413 10.083 State 14,180,662 14,542,220 14,789,014 15,588,804 2.553 1.703 5.413 In the past year, Iowa City added a 45,000 square foot Econo Foods grocery store with an adjacent strip mall, which adds I C m)rRrino no . mpifpyao. i, ra tPv mm,a g,47 t, atsv/flflflA� gym,//o�s 9 another 55,000 square feet. A new Target Store opened in the Coralville strip in late 1987. Retail sales should continue to grow in Iowa City, but at a slower pace than Cedar Rapids and at the expense of the smaller towns in Johnson County. The exception to this trend is Coralville. The table below demonstrates the relative changes between Coralville, Iowa City, and the rest of Johnson County. The increasing percentage of total county slowed les flowing to Coralville lree years and Iowa City has finally of acceleration. RETAIL SALES_ JOHNSON_COUNTY TOWNS _&_CITIES Industrial Base and Employment Total employment has increased approximately 2.6% per year from 1981 to 1987. In terms of creating new jobs, the relative importance of the government sector has declined significantly since 1985 with a loss of 800 jobs. The manufacturing sectors along with retail and wholesaltrade have remained fairly constant. Losses in government employment has been offset by private expansion in service, construction, and financial services, exceeded as well a5% onlyoties nce and transportation. Unemployment in the past six years. gesaresummarized emloment from on986 to 1987 by 700 jobs. These fiur following table. 1984 1985 1986 1987 Change Sales Sales Sales Sales 86 to 87 ($000) ($000) ($000) ($000) Iowa City $319,876 $339,345 $353,077 $391,725 $78,006 10.95% 7.38% Coralville $66,448 $1,805 $67,716 $1,939 $72,644 $1,868 $1,777 -4.87% Lone Tree Oxford $1,500 $1,446 $1,573 $1,576 $4,297 .19% 6.20% Solon $3,881 $2,109 $3,786 $2,222 $4,046 $2,103 $2,861 36.04$ Hills North Liberty $4,155 $3,326 $3,114 $1,155 $3,721 $1,871 19.49% 61.99% Swisher $2,237 $1,850 594 $1,628 S1 725 5.9 Tiffin Total Si 476 $403,487 S1 $423,224 $441,208 $487,559 10.51 Information for both tables is from the Iowa State Department Sales and of Revenue, use Tax Reports services Research andManagem nt Industrial Base and Employment Total employment has increased approximately 2.6% per year from 1981 to 1987. In terms of creating new jobs, the relative importance of the government sector has declined significantly since 1985 with a loss of 800 jobs. The manufacturing sectors along with retail and wholesaltrade have remained fairly constant. Losses in government employment has been offset by private expansion in service, construction, and financial services, exceeded as well a5% onlyoties nce and transportation. Unemployment in the past six years. gesaresummarized emloment from on986 to 1987 by 700 jobs. These fiur following table. I JOHNSON COUNTY EMPLOYMENT Mfg Retail/Service/ Govt Fin/RE/ Trans/ Total Whlsale Constr Ins Util 1981 3,450 8,220 7,360 21,650 1,130 930 42,740 1982 3,260 8,320 7,500 22,630 1,150 870 43,730 1983 3,700 8,500 7,900 23,100 1,200 900 45,300 1984 3,790 8,080 6,700 23,360 1,190 890 44,010 1985 4,000 8,900 8,100 24,700 1,300 1,100 48,100 1986 3,700 9,100 8,900 24,400 1,500 1,100 48,700 1987 4,000 9,100 9,400 23,900 1,700 1,300 49,400 %Change 8.11% 00% 5.62% -2.05% 13.33% 18.18% 1.44% (1986-1987) Source: Iowa City Job Service, Tom Bullington 351-1035 State Job Service, Ann Wagner 515-281-8182 Figures reflect average annual employment as of year end. Housing The Iowa City-Coralville area generates a large demand for rental housing due to the student population. According to the University, approximately 58% of the students live off campus, 10.1% commute, and the remainder live in dorms, Greek houses, or University owned family housing. This would suggest that students create a demand for approximately 6,800 privately owned units at assuming an average of 2.5 students per unit. According to the Iowa City Building Department, the various components for Iowa City of the total housing stock as of April, 1986, are as follows: Owner Occupied Renter Occupied Single Family 7,223 692 Duplex N/A 1,770 Mobile Home 1,107 N/A Rooming Houses N/A 1,704 Multi -Family N/A 7,066 In a three year period beginning in 1982, the metro area saw construction of 2,600 multi family units. This represented I 0mipfismran. mmsrmfls. ij MP.flMVM P.b TYTmCCIIlAfISAm 9 an increase in multi -family housing stock of over 40%. The following table summarizes building permits issued since 1980. This table includes Iowa City, Coralville, and the single family permits for unincorporated Johnson County. single family construction has fluctuated in two year cycles and is currently experiencing strength. Multi -family housing boomed between 1982 and 1984. In recent years, multi -family housing in Coralville has come to a near standstill, while Iowa City construction has dropped to a fraction of 1984 levels. Recent construction has concentrated within one mile of the Pentacrest. (Pentacrest is the term used to describe the five buildings which formed the original University of Iowa Campus. This is commonly considered the center of the city.) B JOHNSON COUNTY BUI1 CORALVILLE Single & ------------------- Duplexes 1980 Permits Avg $/ 1981 12 Unit IOWA CITY 8 N/A 1980 73 $60,446 1981 95 $63,799 1982 46 $67,621 1983 145 $62,941 1984 148 $68,185 1985 59 $81,395 1986 82 $85,458 1987 115 $78,368 CORALVILLE $34,609 $4,464,600 1980 17 $59,262 1981 12 $75,940 1982 8 N/A 1983 24 $60,498 1984 21 $64,162 1985 23 $60,604 1986 24 $73,312 1987 33 $75,970 UNINCORPORATED JOHNSON CITY 1980 54 $65,815 1981 50 $55,229 1982 35 $60,257 1983 83 $79,161 1984 68 $77,481 1985 60 $92,566 1986 80 $89,901 1987 84 $102,778 ,DING PERMIT INFORMATION Multi -Family --------------------------- Units Avg $/ Total Unit 129 $34,609 $4,464,600 132 $28,835 $3,806,187 612 $25,128 $15,378,336 925 $24,707 $22,853,975 277 $25,021 $6,930,817 94 $30,847 $2,899,618 72 $31,232 $2,248,692 33 $26,515 $875,000 57 $35,202 140 $26,539 192 $25,907 397 $25,386 197 $20,816 12 $39,791 12 $30,167 6 $31,667 TOTAL 1980 144 $62,320 186 $34,791 1981 157 $61,998 272 $27,653 1982 89 $58,647 804 $25,314 1983 252 $68,051 1,322 $24,911 1984 237 $70,496 474 $23,273 1985 142 $82,748 106 $31,860 1986 186 $85,802 84 $31,080 1987 232 $86,865 39 $27,308 Iowa City Building Dept, 356-5122 Coralville Building Dept, 356-1266 Johnson County P&Z, Joe Lilledahl 3566083 $2,006,500 $3,715,480 $4,974,144 $10,078,242 $4,100,752 $477,492 $362,000 $190,000 $6,471,100 $7,521,667 $20,352,480 $32,932,217 $11,031,569 $3,377,110 $2,610,692 $1,065,000 9 The Iowa City Planning Department has tracked the affects of this construction in terms of vacancies and rents. The 1986 survey of 3,598 units revealed the following: Vacancy rates are generally higher in one bedroom and efficiency units located in larger complexes. A subsequent survey was made in November of 1986. While there were slight increases in rents, the vacancy factors in Coralville were considerably less. Two of the larger projects, which showed 59 vacant units, had only 12 vacancies seven months later. Planners estimate a current vacancy rate in Coralville to be in the 73 range. Iowa City's vacancies have increased,but are not thought to exceed 43. Units within one mile of the Pentacrest are thought to be unchanged. Rent is tied most closely to dollars per bedroom rather than dollars per square foot or per unit. This is because the dollars per bedroom is most nearly connected to dollars per student occupant. The following chart demonstrates changes in rents in the local metro area. ARril 1986 Vacancy Rates By Location Efficiency $218 Units 1986 1984 1982 Iowa City 997 2.23 2.43 .33 (1 mile of Pentacrest) Iowa City 1,655 4.83 4.73 2.23 (over 1 mile) Coralville 946 11.13 6.63 3.23 Vacancy rates are generally higher in one bedroom and efficiency units located in larger complexes. A subsequent survey was made in November of 1986. While there were slight increases in rents, the vacancy factors in Coralville were considerably less. Two of the larger projects, which showed 59 vacant units, had only 12 vacancies seven months later. Planners estimate a current vacancy rate in Coralville to be in the 73 range. Iowa City's vacancies have increased,but are not thought to exceed 43. Units within one mile of the Pentacrest are thought to be unchanged. Rent is tied most closely to dollars per bedroom rather than dollars per square foot or per unit. This is because the dollars per bedroom is most nearly connected to dollars per student occupant. The following chart demonstrates changes in rents in the local metro area. single family dwellings have held their value and increased slightly, according to the multiple listing service. Construction activity is generally controlled by local developers, and supply and demand are thought to be in equilibrium. According to the Iowa City Comprehensive Plan, there are currently 723 acres of developable residential land and 85 acres of vacant commercial land. After the construction of the sewer project, total developable land will increase to // lbw ARril 1986 April 1984 3 Chance Efficiency $218 $214 $282 1.9 3.1 One Bedroom $291 $407 $399 2.0 Two Bedroom Three Bedroom $546 $531 2.8 single family dwellings have held their value and increased slightly, according to the multiple listing service. Construction activity is generally controlled by local developers, and supply and demand are thought to be in equilibrium. According to the Iowa City Comprehensive Plan, there are currently 723 acres of developable residential land and 85 acres of vacant commercial land. After the construction of the sewer project, total developable land will increase to // lbw 1,553 acres of residential, 214 acres of commercial, and 193 acres of industrial. This is projected to accommodate future growth for the next 40 years at current rates of population increase and assuming a density of 15 people per acre. Facilities Due to the University, the metro area has access to numerous cultural and recreational activities. These include the Hancher Auditorium, which offers some of the world's foremost classical musicians, dance troupes, broadway musicals, and pop entertainment. The University of Iowa sports facilities include Kinnick Stadium, Carver Arena, and the field house which is open to the public free of charge. The University Hospital is a state owned institution run in conjunction with the University of Iowa medical schools. It is one of the largest teaching hospitals in the world. Two major hospitals are located in the immediate region. The hospitals generate a strong demand for professional help which will continue despite recent small declines. Utilities According to the Iowa City Comprehensive Planning Report, the corporate limits include 13,864 acres. Approximately 34% of that total is undeveloped due to lack of adequate sewer capacity. The design capacity of the sanitary sewer plant is currently 8,000,000 gallons per day. peak loads have been double this capacity and average loads are approximately 9,500,000 gallons per day. Increases in the cost of water and sewer have been instituted and the necessary bonding has been approved. Reconstruction of the existing plant and construction of a new facility are currently underway. Completion is expected within the next two years. Capacity for other utilities including gas, water, electricity, and telephone are adequate. Topography Iowa City is traversed by the Iowa River. Topography is rolling near the river, which forms a valley through the city. Topography away from the river is gently rolling to level. - -n - . - c - .. .. a - a- . I e n -- m. o n n n //-U- Climate The climate is moderate to extreme. Average winter temperature is 23.7 degrees and average summer temperature is 72.6 degrees. Average annual rainfall is 33.7 inches and average snowfall is 30.2 inches. The high humidity tends to accentuate the extremes of hot and cold. Transportation Interstate $80 is a major expressway that runs from Jersey City, New Jersey to San Francisco, California. Interstate 380 connects to I-80, three miles to the west of Coralville, and runs to Cedar Rapids, 30 miles to the north. This will eventually connect to I-35, providing a link to the Minneapolis/St. Paul area. The metro area is also served by Highways 1, 6, and 218. The new Highway 218 connects to I-380 forming a bypass around Iowa City. This has reduced traffic from Highways 1, 6, and 218 through Iowa City and Coralville. With the completion of the 218 bypass, the highway system is now adequate to serve both current needs and foreseeable growth. Iowa City is served by the Crandic Railroad and the Iowa Railroad. Passenger service is not available. The Iowa city airport is restricted to private planes and limited charter service. A runway extension is currently under way to accommodate larger planes and to regain compliance with FAA guidelines. However, this is not expected to become an important air travel hub. The Cedar Rapids Airport, which serves over 12 commercial carriers, is 25 miles to the north. This facility has expanded dramatically in recent years with the completion of a new terminal and the addition of both national and regional carriers. //IX5 F City of Iowa City MEMORANDUM DATE: July 20, 1988 TO: City Council FROM: City Manager RE: Update - Animal Shelter Project Attached are minutes from the most recent meeting. The project appears to be progressing satisfactorily. cc: Dale Helling Rosemary Vitosh � �r MINUTES Meeting: Animal Control Committee Date: July 14, 1988 Time: 7:30p.m. Location: Council Chambers, Civic Center, Iowa City Present: Barbara Mann; Don Bradford; Dr. Paul Cooper; Marvin Klahn; Barb Bryant; Diana Lundell; Janice Becker Absent: Al Axeen; Arnold Zajicek Staff Present: Hary Miller; Bev Horton; Terry Kimble; Jim Schoenfelder The meeting was called to order at 7:30p.m. Bev Horton was appointed Chair pro -tem in the absence of Al Axeen. New members Diana Lundell; Paul Cooper and Barbara Mann were introduced. It was moved, seconded and approved that Dr. Paul Cooper, U of I Veterinarian be appointed to fill the vacancy of Iowa City's representative, Marvin Klahn. Klahn will be moving to Solon, but will continue to serve as a member of the Shelter Building Committee. Horton and Schoenfelder discussed their visits to animal shelters in Blackhawk County; University of Iowa; Kirkwood Community College and other facilities. They noted both the strengths and weaknesses of the several structures, with particular attention paid to types of construction materials used, ease of maintenance, air exchange and control, and other operational factors. Glazed block or fused vinyl appear to be the best and most easily maintained interior surfaces. However, the installed cost of fused vinyl would elevate construction costs to an unacceptable level. Schoenfelder recommended glazed block for interior surfaces exposed to regular washing. Dr. Cooper stated the glazed block interior surfaces at the U of Iowa Animal Facility have been in place for years and shown no signs of deterioration. Schoenfelder presented drafts of floor layouts for the proposed Coralville/Iowa City facility and explained the rationale for the design, air exchange, lighting and interior arrangement of the structure. The draft was approved with minor modifications suggested. Schoenfelder indicated the structure would be essentially a frame building, amply insulated, with easy maintenance interior surfaces and //a G 9 Utilizing lighting and solar energy to the maximum. James Schoenfelder will cost out the total project and report to the Committee. Bev Norton will supply costs for internal fixtures, cages, etc. The committee will tour a new University of Iowa Animal Facility in the near future. The next meeting of the group is scheduled at 7:OOpm, Thursday, July 28, 1988 for a tour of the Oakdale facilities. Meeting adjourned at 8:45p.m. N.D. Miller r City of Iowa City MEMORANDUM Date: July 19, 1988 To: City Council From: City Manager Re: ACT Development Proposal - Update In a recent conversation with Dick Ferguson, the new president of ACT, I congratulated him on his recent appointment and took the opportunity to ask for an update on their plans with respect to the development of the land east of their office complex. ACT has recently requested proposals from professional planning organizations to assist in the development of a long-range land use plan. Hopefully, they will select their consultant in August. Additionally, they appear to be proceeding with plans for a new building. We will continue to seek to assist them in their planning, however, to date they have not actively attempted to market all of the land they now own. tp2-1 /1a7 City of Iowa City MEMORANDUM DATE: July 18, 1988 TO: City Council FROM: City Manager RE: Pending Development Issues 1. A request submitted by Dean Oakes for approval of the final plat of Briar Ridge Subdivision, Part II, a 13.806 acre, 6 -lot residential subdivision and the final plat of Briar Ridge Subdivision, Part III, a 19.713 acre, 10 -lot residential subdivision generally located east of Prairie du Chien Road, approximately 2 miles north of Iowa City in Fringe Area 3 (45 -day limitation period: August 15, 1988). 2. A request submitted by Iowa City Ready Mix, Inc., for approval of the preliminary and final plat of an 11 -lot, 4.615 acre industrial sub- division known as Imperial Court Industrial Park and for approval of the preliminary LSNRD plan for the'Iowa City Ready Mix facility located on a 2.174 acre tract of land east of Riverside Drive and north of Imperial Court, as proposed (45 -day limitation period: August 15, 1988). 3. A request submitted by W. A. Gay & Co., Inc., for approval of a 3.37 acre, 3 -lot commercial subdivision known as Resubdivision of a Portion of Government Lot 4 (45 -day limitation period: August 15, 1988). 4. A request submitted by David Quade to rezone a 1.69 acre tract located one mile east of Iowa City from A-1 to RS. 5. A request submitted by W. A. Gay & Co., Inc., to vacate approximately the western eight (8) feet of Waterfront Drive right-of-way, extending approximately 500 feet north of Stevens Drive. I July 19, 1988 District Engineer U.S. Army Corps of Engineers Rock Island District Clock Tower Building P.O. Box 2004 Rock Island, IL 61204-2004 Dear Sir: CITY OF IOWA CITY The Iowa City Council at their meeting of July 18, 1988, has adopted, by motion, the following position statement with respect to the application of Jim Glasgow Construction to provide fill in an area near and adjacent to the Iowa River. This resolution has been adopted in response to Public Notice No. CENCR-167410. That the City Council formally request that the U.S. Army Corps of Engineers, in accordance with the provisions concerning forested wetlands in Section 404 of the Clean Water Act, deny the application from Glasgow Construction Co. for a permit to fill and riprap; that is, urge that any further fill of the property in question be prohibited. The City Council's position resolution we believe satisfies the public interest review component of the notice and the necessity for a public hearing. Specifically, the City Council has expressed their concern over the possible detriments to the Iowa River and its environs, if the proposal of the Glasgow Construction Company were allowed to proceed. These concerns include: 1. The wetland near the property in question is, to the best of our knowledge, the only remaining wetland from the major wetland system that once extended from the area known as Terrill Mill Park to Iowa Avenue. 2. We believe that the maintenance of wetlands helps encourage biological diversity in the river, and can help support a variety of wildlife. 3. Aesthetically, the continued fill and/or likely riprap construction or other techniques commonly applied, would detract from the overall beauty of the riverfront. Additionally, the placement of the riprap could further endanger the wetland area. CIVIC CS. LATER • 410 EAST SYASIIINCTON STREET • IOWA CITY, IOWA 57:10 • (319) I{6•S000 U.S. Army Corps of Engineers July 19, 1988 Page 8 Additionally, the City Council has directed that I request an opinion/interpretation of the appropriate Federal regulations to determine whether the Army Corps of Engineers and/or the City of Iowa City has authority to require the removal of the fill material that has been placed at the location in question. Your response to this request is appreciated. Thank you for affording the City an opportunity to comment on this critical issue. Sincerely yours, ephen . tki s City Man er cc: City Council Melody Rockwell Riverfront Commission SJA/sp/PC-3 poo I CITY OF IOWA CITY CNIC CENTER 410 E. WASHNGTON ST. IOWA UY, IOWA 52240 (319) 356-5000 July 12, 1988 Mr. Jerald R. Barnard 2507 Potomac Dr.' Iowa City, Iowa 52240 Dear Mr. Barnard, I am writing this letter in response to a concern you have raised in regards to the spraying of insecticides in your neighbor- hood. At the request of the City Manager, I have looked into this matter. Iowa City does not regulate tree or lawn sprayers in this city. We feel that the state and the county health deaprtment are better equipped and have the expertise required to regulate and license these particular businesses. I do not know whether the specific spraying firm you have complained of is licensed through the state. However, there are local ordinances relating to noise which appear to prohibit such loud engines and operations at that hour of the morning. If you encounter a similar problem in the future, I would suggest that you contact the police department to complain of the disturbance. Very, /5wtruly yours, /✓/&E J. 'w William J. Sueppel Assistant City Attorney CC: Stephen Atkins H I RECEIVEOJUL 181989 Iowa Department of Transportation 800 Lincoln Way, Ames, Iowa 50010 515/239-1549 �j� k[ di W Utu"C� July !4, 1988 Robert Peterson, General Manager Cedar Rapids and Iowa City Railway Company Box 351 Cedar Rapids, IA 52406 Dear Mr. Peterson: RE: Docket No. RR -CO -88-5, Blocking Railroad/Highway Crossing and Unsafe Signal Operation The RaiI and Water Division, Iowa Department of Transportation (Department) hereby notifies you of a complaint (copy enclosed) received from William Smith of Iowa City, Iowa, regarding the amount of time trains are blocking the crossings at Gilbert Street, Just north of Napoleon Park, and at Highway U.S. 6, both In Iowa City. Mr. Smith claims these crossings have been blocked on many occasions by stopped trains and cites two specific occasions: 1) the Gilbert Street crossing was blocked for 21 minutes on April 29, 1988 at approximately 8:25 p.m. and 2) the crossing at Highway U.S. 6 was blocked for 16 minutes on May 13, 1988 at approximately 9:00 a.m. Chapter 327G.32, Code of Iowa (1987) states that a train shall not prevent vehicular use of any highway, street or alley for a period in excess of ten (10) minutes. Mr. Smith also claims that the signals at the Gilbert Street crossing will flash continuously for several days at a time without a train to activate them or with only a single car parked immediately west of the crossing. Such neglected signal maintenance is causing the motoring public to ignore these safety devices. Chapter 327G.2, Code of Iowa (1987) requires good, sufficient and safe crossings to be maintained by the railroad company. a Please advise the Department within twenty (20) days of the service date of this letter what action will be taken to prevent future blockage of railroad/highway crossings in excess of the legal 10 minute limit and what action will be taken to correct and maintain properly working signals. Thank you for your cooperation and immediate attention to this matter. RH:zk Enclosure cc: William Smith Johnson County Attorney Mayor of Iowa City VCoo dinator Rand Water Division . i RECEIVED Route 4, Box 107 JUL I 1 lees Iowa ( 319 ) City, Iowa 52240 351-8134 RAIL & WATER DIY. July 6, 1988 0:UQ„�� Mr. E. Rees Hakason Rail Division Iowa Department of Transportation . 800 Lincolnway Ames, Iowa 50010 Dear Mr. Hakason: I have been in contact with the Johnson County Attorney's Office in Iowa City and have been referred to you as the person to handle the following matter. I live south of Iowa City and Gilbert Street is the only major road from my home to Iowa City. Rail tracks owned and operated by CRANDIC cross Gilbert Street just north of Napoleon Park. On many occasions this road is blocked by a stopped train. One incident I am requesting that you investigate occurred on April 29, 1988, at 8:25 P.M., at which time the tracks were continuously blocked for 21 minutes. On this particular evening I was on my way to the hospital so I had reason to be alarmed by the long delay. In addition, on numerous occasions the lights at this rail- road crossing flash for long periods of time without a train crossing or with only a single car parked immediately west of the crossing, The periods of time can range from 24 hours to 3 days. Traffic now rarely stops for these lights as local traffic is quite accustomed to the lights flashing without an approaching train. 1 feel this is a very serious matter. A secondincident I am asking you to investigate occurred on May 13, 1988, at the Highway 6 Bypass in Iowa City. This also - involved the same rail lines. On this date at 9:00 A.M., a train blocked the highway for 16 minutes. I am aware that under the Iowa Code a train may block a roadway for only 10 minutes, except in extraordinary circumstances. It is my understanding that upon receipt of this complaint you will investigate these reports by contacting the railroad involved. I would appreciate receivingcopies of such correspon- dence as well as being informed of the final disposition of your investigation. Many of my neighbors share my concerns and would also appreciate your prompt response, Sincerely, William Smith cy: Johnson County Attorney ��.3 City of Iowa City �,- MEMORANDUM Date: July 20, 1988 To: The Honorable Mayor and Members, City Council In a memorandum dated June 26, 1987, we provided a discussion of the legal implications of regulating newsracks on City property (copy attached). Subsequently, in a 4-3 decision announced June 17, 1988, the Supreme Court decided _City of Lakewood v Plain Dealer Publishing Co., 56 L.M. 4611, referred to in the earlier memorandum. In that decision, the Court reviewed the Lakewood, Ohio Newspaper Dispensing Device Ordinance, and ruled that the provisions in the ordinance allowing the Mayor discretion to deny a permit application and to condition approval on any terms the Mayor deems "necessary and reasonable" are unconstitutional because of the longstanding doctrine that in the area of free expression a licensing statute placing unbridled discretion in the hands of a government official or agency constitutes a prior restraint and may result in censorship. The Court majority did not rule on the other specific standards contained in the ordinance, but clearly accepted the concept of licensing newsracks when it said (Slip op. at 9, 56 L.W. at 4614): Of course, the City may require periodic licensing, and may even have special licensing procedures for conduct commonly associated with expression; but the Constitution requires that the City establish neutral criteria to insure that the licensing decision is not based on the content or viewpoint of the speech being considered. The dissent expressly accepted the legality of licensing newsracks, so at least seven justices have upheld that concept. The Court of Appeals holding that an absolute ban on newsracks in residential areas is constitutional was not challenged in the Supreme Court, and is not affected by that Court's decision. In short, while the Supreme Court struck down the Lakewood ordinance because it gave the Mayor too much discretion to grant or deny permits, all of the participating justices (Rehnquist and Kennedy took no part in the consideration or decision of the case) agreed that licensing is lawful. Further, the three dissenting justices (White, Stevens and O'Connor) considered the contested standards in the Lakewood ordinance - architectural review on newsrack design, and the requirement that permittees indemnify the City and furnish liability insurance - and would have overruled the Court of Appeals' rulings overturning those standards. The Court of Appeals thought architectural review gave excessive and unbridled discretion to the Architectural Review Board. 1132 .From: Richard J. Boyle, First Assistant City Attorney I Re: I Regulation of Newsracks on City Property (Update) In a memorandum dated June 26, 1987, we provided a discussion of the legal implications of regulating newsracks on City property (copy attached). Subsequently, in a 4-3 decision announced June 17, 1988, the Supreme Court decided _City of Lakewood v Plain Dealer Publishing Co., 56 L.M. 4611, referred to in the earlier memorandum. In that decision, the Court reviewed the Lakewood, Ohio Newspaper Dispensing Device Ordinance, and ruled that the provisions in the ordinance allowing the Mayor discretion to deny a permit application and to condition approval on any terms the Mayor deems "necessary and reasonable" are unconstitutional because of the longstanding doctrine that in the area of free expression a licensing statute placing unbridled discretion in the hands of a government official or agency constitutes a prior restraint and may result in censorship. The Court majority did not rule on the other specific standards contained in the ordinance, but clearly accepted the concept of licensing newsracks when it said (Slip op. at 9, 56 L.W. at 4614): Of course, the City may require periodic licensing, and may even have special licensing procedures for conduct commonly associated with expression; but the Constitution requires that the City establish neutral criteria to insure that the licensing decision is not based on the content or viewpoint of the speech being considered. The dissent expressly accepted the legality of licensing newsracks, so at least seven justices have upheld that concept. The Court of Appeals holding that an absolute ban on newsracks in residential areas is constitutional was not challenged in the Supreme Court, and is not affected by that Court's decision. In short, while the Supreme Court struck down the Lakewood ordinance because it gave the Mayor too much discretion to grant or deny permits, all of the participating justices (Rehnquist and Kennedy took no part in the consideration or decision of the case) agreed that licensing is lawful. Further, the three dissenting justices (White, Stevens and O'Connor) considered the contested standards in the Lakewood ordinance - architectural review on newsrack design, and the requirement that permittees indemnify the City and furnish liability insurance - and would have overruled the Court of Appeals' rulings overturning those standards. The Court of Appeals thought architectural review gave excessive and unbridled discretion to the Architectural Review Board. 1132 2 The indemnity and insurance requirement had been invalidated by the Court of Appeals because it applied to newsracks and not to other users of public streets. The dissenting opinion pointed out (56 L.M. at 4624) that the Plain Dealer acknowledged that, standing alone, those requirements would be constitutional. The only defect in the Lakewood scheme was in its differential treatment of the press. Iowa City's street use ordinances do not suffer from the same defect. The following Code of Ordinances sections all call for indemnification and insurance for users of public property: Section Subject Liability Insurance Required 9.1-7(e) Plaza Use Permits $300,000 PI -$50,000 PD 14-74 Cable TV Franchise $500,000-$1,000,000-$500,000 31-137(b) Parade or Rally Permits $300,000 PI -$50,000 PD 31-149(b) ROW Sign Permits $300,000 PI -$50,000 PD Attached for your consideration is a revised draft newsrack ordinance. A major change from the earlier draft is placement of City Plaza newsrack regulation in the ordinance. That is, the draft ordinance would place all regulations regarding newsracks on public property in Chapter 31 - Streets, Sidewalks and Public Places. Among other things, the ordinance would also - 1. Authorize placement of newsracks on public property in locations meeting specified conditions. 2. Require that, on City Plaza, newsracks be located only in City -owned modular units. This would require either that the City purchase such units or have them built. The modular units are designed to accommodate the various newspapers' newsracks. 3. Require that annual permits be obtained for newsracks, except on City Plaza, where owners would be required to lease space in the City - owned units. 4. Require payment of an annual permit fee or lease fee, the amounts of which would be based on City costs, and would be established periodically by resolution. We will be available to discuss this matter at your next informal Council meeting. RJB/sp Enclosures 9 City of Iowa City MEMORANDUM Date: June 26, 1987 To: Honorable Mayor and Members, City Council From: Richard J. Boyle, First Assistant City Attorney IV Re: Regulation of Newsracks on Public Property BACKGROUND In recent years, unmanned devices for the vending or free distribution of newspapers and periodicals ("newsracks") have proliferated in the City, both on public and private property. The appearance of those devices on public property has raised questions about the appropriateness of regulating them. Regulation of newsracks on City Plaza has already been treated by ordinance. City Code of Ordinances Section 9.1-7(1) provides that The City will make available, at a reasonable cost, space in the City -owned newspaper dispenser units on City Plaza. In the case of more applications than available space, a selection procedure that is deemed fair, reasonable and appropriate by the City shall be estab- lished. There is no City -owned newspaper dispenser on City Plaza, although there are a number of newsracks. QUESTIONS PRESENTED 1. May the City require that newsracks on public property be licensed? 2. May the City require that newsracks on City Plaza be placed in modular units? 3. May the City impose size and location standards on newsrack owners? DISCUSSION The answer to all three questions is a conditional yes. There have been a number of recent cases involving attempts by municipalities and other governmental agencies to license and regulate the location of newsracks, and while there are no definitive rules to be applied in all cases, certain principles may be derived from those cases. Before discussion of specifics, however, a bit of background may be helpful. a As a general proposition, states have control of streets, highways, and public property, but they have delegated to municipal corporations and other public agencies responsibility for local streets and public grounds. In Iowa, Code (1985) Section 364.12 provides that cities are "responsible for the care, supervision and control of public grounds, streets, sidewalks... and the city shall keep all public ways, squares, and commons open, in repair, and free from nuisance..." Governments hold public property in trust for the public, and it is generally the rule that they cannot be put to any use inconsistent with the primary purpose for which they were established. In the case of streets, the move- ment of people is the primary purpose and municipalities have no implied power to grant privileges to use streets for private purposes. For example, the Iowa Supreme Court has held that Waterloo did not have authority to authorize operation of a news stand on public sidewalks. Courts recognize that public entities have powe�o ppreserve the property under their control for the uses for which it was lawfully dedicated. Cities have a legitimate interest in preserving access to buildings, and maintaining the normal flow of pedestrian and vehicular traffic and it is the duty of public officials to protect public property against inappropriate uses which interefere with those interests. Stated otherwise, public ways (streets, alleys and side- walks) are primarily for the movement of people and cannot be diverted for merely private or commercial use which unreasonably curtails or interferes with the public's use. On the other hand, as stated by the U.S. Supreme Court in Hague v. C.I.O., 307 U.S. 496, (1939): Wherever the title of streets and parks may rest, they have immemor- ially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been part of the privileges, imnunities, rights, and liberties of citi- zens. The privilege of a citizen of the United States to use the streets and parks for communication of views on national questions may be regulated in the interest of all; it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied. That is, the exercise of First Amendment rights is another legitimate use of streets and parks and, in those places, governments may not prohibit all communicative activity. II Publication of newspapers is protected by the First Amendment guarantee of freedom of the press, and that protection extends to their distribution since the right to publish is meaningless if the right to distribute is curtailed. However, such protection does not free newspaper companies from all regula- tion, nor secure any private property rights. For example, enterprises 113a exercising First Amendment rights are subject to labor laws and zoning laws. Further, the First Amendment does not create any right to use the property of others. Indeed, "the First Amendment does not guarantee access to government property simply because it is owned or controlled by the government." United States Postal Service v. Greenbur h Civic Assn. While some public property is traditionally a forum or place to exercise First Amendment rights, such right is not absolute. In Heffron v. InternationalSociet for Krishna Consciousness Inc., the Supreme Court noted tha the First Amendment does no guaran ee a right to communicate one's views at all times and places or in any manner that may be desired." If the manner of expression is incompat- ible with normal activities at a given time or place, such manner of expres- sion may be regulated by reasonable time, place, and manner restrictions. With the advent of heavy automobile and truck traffic, governments are faced with conflicting demands for unobstructed movement of vehicles and pedestri- ans and use of public property for exercise of First Amendment rights. Are streets for vehicles or for demonstrations? In evaluating attempts to accom- modate those demands, courts have attempted to formulate rules for resolving the conflicts. The first step is to characterize the public property to determine the existence of a right of access and the standards by which limitations on such a right must be evaluated. That is, is the property a traditional public forum? In Members of City Council v. Taxpayers for Vincent, the Supreme Court repeated its longstanding rue that (104 S. Ct., af_p_.—_Z134): Public property which is not by tradition or designation a forum for public communication may be reserved by the state for its intended purposes, communicative or otherwise, as long as the regulation on speech is reasonable and not an effort to suppress expression merely because public officials oppose the speaker's views. In Gannett Satellite Inf. Net. v. Metropolitan Transp. Auth., the Court of Appeals approved a leasing scheme for newsracks in commuter railroad sta- tions. The court held that the public areas of such stations constituted public property which was not by tradition or designation a forum for public communication, so the licensing scheme merely had to be reasonable and unre- lated to the content of the publications. An ordinance which makes peaceful enjoyment of a First Amendment right con- tingent upon the uncontrolled will (i.e., discretion) of an official is unconstitutional censorship, or prior restraint upon the enjoyment of those freedoms, Staub Y. Cit of Baxley. Therefore, courts will invalidate an ordinance or regulation which vests city officials with discretion to grant, deny, or delay issuing licenses. III Governments may impose reasonable time, place, and manner restrictions upon exercise of First Amendment rights, but only if the restrictions are - (a) content neutral, (b) narrowly tailored to serve a significant governmental interest, and (c) leave adequate alternative channels of communication. Perry Educ. Assoc. v. Perry Local Educators' Assoc.. //3-) ■ 4 If a city licenses all newsracks, such regulation would seem to be facially content -neutral because it applies equally to all newsracks. Plain Dealer Pub. Co, v. Cit of Lakewood Ohio, Jacobsen d/b/a/ Solo RFD v— rE varo. ivi o, - - Iowa, U. 26, invo ving Des MoiFesnewFick regulations). When dealing with public property which is a traditional public forum - such as for example, the Pentacrest or City Plaza - a government may impose re- strictions upon exercise of First Amendment rights only if the manner of expression is basically incompatible with the normal activity or use of the public property at a particular time and place. In such case, narrowly crafted time, place, and manner regulations may be adopted to prevent undue interference with those interests. Each regulation must be necessary to serve a compelling state interest and must be narrowly drawn to achieve that end. Some significant or compelling governmental interests include - 1. Orderly management of crowds and avoidance of congestion on public streets and sidewalks. 2. Traffic safety and obedience to traffic laws. 3. Unobstructed access to public facilities, such as utility poles. 4. Aesthetics. 5. Injury or property damage (i.e., public health or safety). 6. Prevention of nuisances. i With respect to ample alternative channels of communication, in the Cit of Lakewood case, the evidence disclosed there was home delivery throughout the community and numerous 24 hour establishments in which newspapers were sold, thus establishing alternative channels for such communications., In Jacobsen i d/b/a Solo RFD v. Crivaro, the Des Moines case, Judge Stuart foun-U--a-m-ple alternative c anne s o communication in "Delivery by mail, home delivery, vendors, or newsracks in locations complying with the ordinance..." He also noted there was no restriction on the right to place newsracks on private property, and said - Although the alternative distribution method may be more costly, the First Amendment does not guarantee a right to the least expensive means of expression. See Heffron, * * * (state need not provide free access to fairgrounds or so citation); Kovacs v. Cooper, (city may restrict soundtracks even though they are cheapest means of communication). IV Whether specific regulations are reasonable time, place, or manner restric- tions will depend upon the facts in any given case. They must be narrowly drawn to serve a compelling government interest. In that regard, it is helpful to review two recent court decisions involving newsrack regulation; 113 the Court of Appeals' decision in the City of Lakewood case, and the Des Moines ordinance involved in Jacobsen d/b/a Solo RFD and Single Scene v. Crivaro. In the Lakewood case, the Court of Appeals sustained the city's ban on news - racks in residential neighborhoods, finding that the ordinance was narrowly tailored, and agreeing "with the district court's holding that 'traffic safety, proper functioning of a city's safety and sanitation forces, main- taining a clear right-of-way on sidewalks for pedestrians, and aesthetics are all substantial government interests and the subject ordinances reach no further than necessary to accomplish the City's objectives'." The Court also sustained the size and site locational requirements (i.e., placement in rela- tionship to streets, buildings and other objects) and, without deciding, suggested the rental or license fee requirement is constitutional. On the other hand, the Court found unconstitutional - 1. The vesting of discretion in the mayor to grant or deny permits (uncon- stitutional prior restraint is not cured by built-in appeal process); 2. Architectural review of newsrack design (no standards for review, vio- lates First and Fourteenth (due process) amendments); 3. Requirement that permittees indemnify and insure the City against liabil- ity "for any reason whatsoever occasioned upon the installation and use" of a newsrack. Property damage and liability insurance of $100,000 was required, naming the City as an insured. (Not required of other permittees, therefore, requirement places undue burden on newspapers. The Court of Appeals dissenter would have sustained this provision.) In Jacobsen, Judge Stuart sustained the Des Moines regulations relating to newsrasra—ccs He stated with respect to significant governmental interest, that - [T]his Court is persuaded that "traffic safety... maintaining a clear right-of-way on sidewalks for pedestrians, and aesthetics are all substantial government interests and the subject ordinances reach no further than necessary to accomplish the City's objectives." He also sustained the $10.00 annual license fee per encroachment, noting that while a government cannot ordinarily profit by imposing a fee on exercise of a First Amendment right, fees covering administrative costs are permissible. An interesting variety of size and locational requirements has been approved in the cases, and generally those are designed to prevent obstructions to free passageway 'of vehicles and pedestrians, thereby advancing a city's interests in traffic safety and clear rights-of-way. For example, the Des Moines ordinance provides that no encroachment (which includes newsracks) shall "unreasonably obstruct the right of travel... or... unreasonably inter- fere or impede the flow of pedestrian or vehicular traffic"; nor may an encroachment occupy more than twenty-five percent of the width of a sidewalk, or be located at street corners within vision clearance triangles. (See also Iowa City Code of Ordinances, Sections 34-24(a) and 36-65(a).) //3a- 1: I . 6 The Des Moines ordinance also providesl that: (b) No newsrack shall be located: (1) Within five feet of any fire hydrant, fire or police alarm box, or other emergency facility; (2) Within two feet of any marked crosswalk or any driveway; (3) Where it restricts access to a bus shelter or a bus bench; (4) Where it interferes with loading or unloading at the front and rear doors of buses; (5) On any handicapped access ramp; (6) In such a manner as to reduce the clear space for the pas- sageway of pedestrians on sidewalks to a continuous and unobstructed width of less than six feet; i (7) On the right-of-way of any street where parking is prohibited for all or any portion of the day or within 50 feet of such street on the right-of-way of any intersecting street,.... (c) Newsracks on public street right-of-way shall only be placed either (a) not more than one foot back from the face of the curb, or (b) not more than six inches from a public utility pole or a traffic sign pole located near the curb, or (c) parallel to the wall of a building and not more than six inches from the wall. Newsracks placed near the curb shall be placed so that the opening through which newspapers or news periodicals are dispensed does not face the curb line. In its skywalk system, Des Moines provides modular units at locations it selects and newspaper and periodical vendors may lease space in those units in which to place their newsracks. Unless extra space is available, vendors are limited to one space per modular unit. They pay annual rent of $10 for each space, and renew leases in March of each year. If demand for a location exceeds spaces available, lots are drawn for spaces. Unallocated space is available first come -first served. In addition to provisions described earlier, the ordinance at issue in Plain Dealer Pub. Co. v. Cit of Lakewood., contains locational limits similar o t ose n t e Des Mo nes or nanceThe District Court and Court of Appeals both held that the following locational, size and other requirements are constitutional. Newsracks - 1. Must be constructed of metal or substantially similar materials. 2. Shall not exceed 50 inches in height nor more than 25 inches in length and width. 3. Shall not be placed in residential districts. --------------- -Similar provisions are found in a model ordinance contained in P. Ball, Extra! Extra! Read All About It: First Amendment Problems in the Regula- tion of Coin -Operated Newspaper V—ending Machines, 19 Columbia J. L. 183, 206 J13-� 9 1 ri 4. Placed near curbs must be parallel to the curb line, not less than eight- een inches nor more than twenty-four inches from the curb. 6. Shall not be placed within 250 feet of another newsrack for the same newspaper or periodical. 7. Cannot be placed where three newsracks are already located. Lakewood imposes a license fee of $10.00 per device per year, and requires a permittee to maintain the immediate area around each newsrack free of litter and debris. The ordinance also prohibits use of the devices for advertising anything other than the newspaper sold therein. Although the Des Moines ordinance does not require insurance or indemnifica- tion, a reasonable requirement should be upheld. The Lakewood provision was struck down because indemnification and insurance were not required of other users of right-of-way, not because the requirement was suspect. Iowa City requires indemnification and insurance from users of its streets (Code of Ordinance sections 31-47 (excavations) and 31-141 (parades, public rallies, etc.). Further, recent trends in tort law show that placing obstructions on public right-of-way can subject to liability the one placing the obstruction if a vehicle operator runs into the obstruction. In Sisco v. Iowa -Illinois Gas 8 Elec. Co., the Iowa Court of Appeals held that an obstruction near a street may e a nuisance, giving rise to liability of a public utility for personal injury to one whose vehicle leaves the road and runs into the obstruction. It is a small step from imposing liability on a utility placing such an obstruction to imposing liability on a municipality whicherp mits encroachments or obstructions on right-of-way. Since liability may result from placing obstructions or encroachments next to streets, the one placing the obstruction should bear responsibility for any damages arising from such placement, and therefore the City should be indemnified respecting such liability. CONCLUSION Based upon my analysis of the cases, particularly Crivaro and City of Lakewood, I have redrafted the proposed newsrack regulatory or inance, a copy of—wTfcT is attached. That draft reflects the maximum in terms of regula- tions which the City could expect would be upheld by the courts. It does not represent any understanding of what the City Council may want to do vis-a-vis newsracks. Accordingly, I would invite you to review this memo and the proposed ordinance in anticipation of a discussion of the matter during an informal session -in the near future. Based on our discussion of the matter at that session, I will then be able to prepare a draft reflecting the degree of regulation which the Council wishes to impose. /sp ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 31 OF THE CITY CODE OF ORDINANCES TO ALLOW USE OF PUBLIC PROPERTY FOR NEWSRACKS, AND ESTABLISHING AN ANNUAL FEE FOR SUCH USE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. FINDINGS AND PURPOSE. a. Municipalities hold streets and sidewalks in trust for the public and, under Section 364.12 of the Iowa Code, cannot allow them to be put to any use inconsistent with street or pedestrian traffic use. Municipali- ties have no power to authorize any private use of or encroachments upon public ways which prevent unobstructed use of such ways. Interference with such unobstructed use is a nuisance. b. The City Council has discretion to authorize use of City property by individuals and firms, to the exclusion of the public generally, only for such consideration as is deemed fair, the same as any other owner of land, and has exercised that right from time to time, including the granting of a cable television franchise for consideration. c. Newsracks are an important means by which newspapers and other periodi- cals are distributed and by which the public gains access to the same, but such machines should be placed on public property only in such manner that the placement does not interfere with the public's right to have public streets, sidewalks, squares, and common areas open and free from nuisances and visual clutter. d. Due to the large number of newsracks which have recently appeared in the City, the public property has become cluttered and, at times, obstructed by such devices, thereby interfering with the public's rights to have aesthetically pleasing streets, sidewalks, squares, and common areas, which are open and free from nuisances. e. It is the intent of this Article that, in order to promote the health, safety, and general welfare of the population, standards shall be provided to allow newsracks on public property, but only in places which do not interfere with the public's right to free and unobstructed use of such property. SECTION II. AMENDMENT. Chapter 31 of the Code of Ordinances, relating to streets, sm ewa s, and public places, is hereby amended by adding the following new Article VIII - LOCATION OF NEWSRACKS. Section 31-160. Definitions. "Public property" shall mean the streets, sidewalks, roadways, squares, common areas, or other similar property owned by and located within the City of Iowa City, but for purposes of this Article, shall not include City Plaza. "Modular newspaper vending machine" shall mean an unmanned device, containing separate compartments, for the vending or free distribution of more than one edition of newspapers or similar periodicals. Ordinance No. Page 2 "Newsrack" shall mean an unmanned, mechanical device utilized for the sale or free distribution of newspapers or news periodicals. Section 31-161. Permits Reouired. It shall be unlawful for any person, group, firm or organization to use any portion of public property for a newsrack without a permit for use of such property. Nothing contained herein shall be deemed to prohibit the placement of modular newspaper vending machines on public property either by the City, or with the consent of the City. Section 31-162. Standards for Location of Newsracks on Public Propert a. A newsrack may be located on public property only in such place and manner that it does not cause any obstruction to the public's free and unobstructed use of such property, or impede the free flow of pedestrian or vehicular traffic in or out of a building. Specifically, no newsrack may be placed, used, installed or maintained: (1) Within five (5) feet of any fire hydrant or other emergency facil- ity. (2) On any handicap access ramp. i (3) Within five (5) feet of the intersection of any driveway, alley, or street. i (4) Within two hundred fifty (250) feet of another newspaper vending machine containing the same newspaper or news periodical. (5) At any location where the width of paved clear space in any direc- tion for the passageway of pedestrians is reduced to less than six (6) feet. (6) So as to occupy more than 25 percent of the width of the sidewalk. (7) At any location which interferes with or impedes access to any building abutting public property. b. A newsrack on public street right-of-way shall only be placed either (i) not more than one foot back from the face of the curb, or (ii) not more than six inches from a public utility pole or a traffic sign pole located near the curb, or (iii) parallel to the wall of a building and not more than six inches from the wall. A newsrack located near the curb shall be placed so that the opening through which newspapers or news periodicals are dispensed does not face the curb line. c. No newsrack shall exceed fifty (50) inches in height and two (2) feet in width or depth. //3�L B Ordinance No. Page 3 Section 31-163. Application - Generall a. An application for a newsrack permit, containing the information required by the terms of this Article, may be filed with the City Clerk by any person, group, firm, or organization desiring to locate -a newsrack on public property. An application may include all newsracks the applicant wishes to locate on public property, but a separate permit shall be issued for each such device. b. Applications for the original issuance of newsrack permits for newsracks currently located on public property shall be filed within sixty (60) days of the effective date of this ordinance. Applications for addi- tional or new permits may be filed at any time. All applications shall be in such number of copies and in such form as may be prescribed by the City Clerk, and shall be accompanied by the required fee. Section 31-164. Application - Contents. The application form for newspaper vending machine permits shall, in addition to such other information as the City Clerk may deem necessary, contain the following information; a. Name, address and telephone number of the applicant. b. The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the newsrack. c. A site plan for each location at which the applicant desires to locate each newsrack. d. Sufficient information to show compliance with Section 31-162. e. A statement that the applicant shall indemnify, defend and hold harmless the City from and against all claims for damages which in any way relate to or arise from the use or location of a newspaper vending machine on public property. Section 31-165. Fees. The City Council shall, from time to time, set the amount of the permit fee. The amount of such fee shall be based upon the City's expenses related to processing applications and issuing permits, inspecting and enforcing this Article, and responding to complaints. The fee shall be ten dollars ($10.00) per machine per location per annum. Section 31-166. Issuance of Permit. Following receipt of properly completed applications and fees, the City Clerk shall promptly issue a permit for each newsrack meeting the standards set forth in Section 31-162. Such permits shall be in the form of decals with adhesive backing, and shall be displayed on each machine. J�� z- I Ordinance No. ,, i�y Page 4 41� wr Section 31-167. Nature and Scope of Permit. ov N� A newsrack permit shall be revocable for cause, It shall not constitute property ncr be subject to attachment and execution, nor be alienable or assignable. A permit shall only relate to the location for which it is issued. A newsrack for which a permit has been issued hereunder may be moved to anothe• location on public property, without a new application and fee, provided t^e new location meets the requirements of this Article, and further provided a site plan showing the exact new location is filed with the City Clerk no later than the next business day of the City after the move. Section 31-168. Term of Permit. Newsrack permits shall be valid for a period of one year from the date of issuance. Absent a material change of circumstances relating to a machine, permits shell be automatically renewable upon payment of the applicable fee. Section 31-169. Denial or Revocation of Permits - Grounds, Effect. The City Clerk shall make the initial determination as to whether a newsrack permit shall be denied or revoked, for any of the following reasons: 1. Misrep^esentation of any material fact in the permit application. 2. If the location of a newsrack, in fact, obstructs the public's use of the right-of-way. 3. If the newsrack,does not meet the standards set forth in Section 31-162. -170. Notices and Effect of Denial, Revocation or Non -Renewal of Notice of action denying or revoking a permit shall be mailed, postage prepaid, addressed to the permittee at the address shown in the permittee's application, and shall be deemed to have been received three (3) days after the date of mailing. If an original application for a permit for a newsrack currently located on public property is denied, or if a newsrack permit is revoked, the owner of such newsrack shall have seven (7) days from the date of receipt of notice of the action: denying or revoking such permit within which to remove such newsrack from public property. Further, any newsrack for which a permit is not renewed by the owner shall be removed from public property no later than seven (7) days -after expiration of the permit. If the newsrack is not removed within such seven (7) day period, the City may remove it and assess the cost of such removal against the owner of the newsrack. However, no newsrack may be removed while an appeal is pending under Section 31-171. Section 31-171. Appeal and Hearing. The right to a hearing before the City Manager shall be afforded to a newsrack permit applicant whose application is denied, in whole or in part, or to a p r-mittee whose permit is revoked. Any applicant or permittee who is aggrieved by a decision denying or revoking a newsrack permit may, within //,3a Ordinance No. Page 5 seven (7) days of such decision, request, and shall be granted, a permit hearing which shall be conducted in the manner provided in Section 2-186 of the City Code of Ordinances. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi- nance sha e a fudge o be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This ublicationdasance requiredlbe by lawn effect after its ina passage, app ova P Passed and approved this MAYOR ATTEST: CITY CLERK 6 DRAFT 7/20/88 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTERS 31 - STREETS, SIDEWALKS AND PUBLIC PLACES - AND 9.1 - CITY PLAZA - TO ESTABLISH IN CHAPTER 31 REGULATIONS GOVERNING THE LOCATION OF NEWSRACKS BY PERMITTING NEWSRACKS AS ENCROACHMENTS ON STREETS, SIDEWALKS, AND PUBLIC PLACES OTHER THAN CITY PLAZA, AND PROVIDING FOR CITY -OWNED MODULAR NEWSRACK UNITS ON CITY PLAZA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. FINDINGS AND PURPOSE. a. Municipalities hold streets and sidewalks in trust for the public and, under Section 364.12 of the Iowa Code, cannot allow them to be put to any use inconsistent with street or pedestrian traffic use. Municipalities have no power to authorize any private use of or encroachments upon public ways which prevent unobstructed use of such ways. Interference with such unobstructed use is a nuisance. b. The City Council has discretion to authorize enroachments upon City property by individuals and firms, to the exclusion of the public generally, only for such consideration as is deemed fair, the same as any other owner of land, and has exercised that right from time to time, for example, in granting a cable television franchise for consideration in the form of fees. C. Newsracks are structures used by newspapers and other periodical publishers to distribute their publications, but such structures should be allowed to enroach upon public property only in such manner that their placement does not interfere with the public's right to have public streets, sidewalks, squares, and common areas open and free from nuisances and visual clutter. d. City Plaza is intended to be an attractive environment, providing a pleasing location for creative, colorful, pedestrian -focused activi- ties. To that end, the City has provided amenities meeting strict design standards, and requires design review of proposed encroach- ments onto City Plaza. The proliferation of uncontrolled newsracks on City Plaza is inconsistent with the aesthetics and ambience of City Plaza. e. Due to the large number of newsracks which have recently appeared in the City, the public property has become cluttered and, at times, obstructed by such devices, thereby interfering with the public's rights to have aesthetically pleasing streets, sidewalks, squares, and common areas, which are open and free from nuisance. f. It is the intent of this Ordinance that, in order to promote the health, safety and general welfare of the population, standards shall be provided to allow newsracks as enroachments on public property, but only in places which do not interfere with the public's right to free and unobstructed use of such property. SECTION II. AMENDMENT OF CHAPTER 31. Chapter 31 of the Code of Ordinances, relating to streets, sidewalks, and public places, is hereby amended by adding the following new Article VIII - LOCATION OF NEWSRACKS. DRAFT 7/20/88 Ordinance No. Page 2 Section 31-160. Definitions. a. "City Manager" shall mean the City Manager of Iowa City or the person designated by such City Manager to take the action described. b. "City Plaza" shall mean that part of public property described in Code of Ordinances Section 9.1-2. C. "Modular shell unit" shall mean an unmanned device containing spaces for insertion of separate enclosed newsracks. d. "Newsrack" shall mean an encroachment in the form of an unmanned, mechanical device for the sale or free distribution of newspapers or periodicals. e. "Public property" shall mean the streets, sidewalks, roadways, squares, common areas or other similar property owned by and located within the City of Iowa City, but for purposes of Division 1 of this Article, shall not include City Plaza. DIVISION 1. PUBLIC PROPERTY OTHER THAN CITY PLAZA Section 31-161. Permits Required. No newsrack may be placed or otherwise allowed to enroach upon public property unless a permit for use of such property has been issued or will be applied for as provided in Section 31-168(b). Nothing contained herein shall be deemed to prohibit the placement of modular shell units on public property by the City. Section 31-162. Standards for Location of Newsracks on Public Property. a. A licensed newsrack may be located or otherwise enroach upon public property only in such place and manner that it does not interfere with the public's free and unobstructed use of such property, or impede the free flow of pedestrian or vehicular traffic in or out of a building. Specifically, no newsrack or modular shell unit may be placed, used, installed or maintained on public property: (1) Within five (5) feet of any fire hydrant or other emergency facility. (2) On any handicap access ramp. (3) Within five (5) feet of the intersection of any driveway, alley or street. (4) Within two hundred fifty (250) feet of another newspaper vending machine containing the same newspaper or news periodical. (5) At an location where the width of a paved clear space in any direction for the passageway of pedestrians is reduced to less than six (6) feet. 9 1 DRAFT 7/20/88 Ordinance No. Page 3 (6) So as to occupy more than 25 percent of the width of the sidewalk. (7) At any location which interferes with or impedes access to any building abutting public property. (8) Other than along the edge of a sidewalk. b. A news rack on public right-of-way shall be placed (i) not more than one foot back from the face of the curb, or (ii) not more than six inches from a public utility pole or a traffic sign pole located near the curb, or (iii) parallel to the wall of a building and not more than six inches from the wall. A newsrack located near the curb shall be placed so that the opening through which newspapers or news periodicals are dispensed does not face the curb line. C. No newsrack shall exceed fifty (50) inches in height and two (2) feet in width or depth. d. No newsrack shall display advertising for anything except the publication it contains. Section 31-163. Application - Generally. a. An application for a newsrack permit, containing the information required by the terms of this Division, may be filed with the City Clerk by any person, group, firm, or organization desiring to locate a newsrack on public property. One application may be filed for all newsracks the applicant wishes to locate on public property, but a separate permit shall be issued for each such device. b. Applications for permits for newsracks currently located on public property shall be filed within sixty (60) days of the effective date of this ordinance. Applications for additional or new permits may be filed at any time. All applications shall be in such number of copies and in such form as may be prescribed by the City Clerk, and shall be accompanied by the required fee. Section 31-164. Application - Contents. The application form for newspaper vending machine permits shall contain the following information: a. Name, address and telephone number of the applicant. b. The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the newsrack. C. A site plan for each location at which the applicant desires to locate each newsrack with sufficient information to show compliance with the locational requirements of Section 31-162. Section 31-165. Form of Permit. 113.2- 9 DRAFT 7/20/88 Ordinance No. Page 4 Newsrack permits shall be in the form of decals with adhesive backing and shall be displayed on each machine. Section 31-166. Nature and Scope of Permit. A permit shall only relate to the location for which it is issued. A newsrack for which a permit has been issued hereunder may be moved to another location on public property without a new application and fee, provided the new location meets the requirements of this Article, and further provided a site plan showing the exact new location is filed with the City Clerk no later than the next business day of the City after the move. DIVISION 2. NEWSRACKS ON CITY PLAZA Section 31-167. Leases Required. (a) No newsrack shall be placed or allowed to remain on City Plaza except pursuant to the provisions of this Division. Newsracks on public property other than City Plaza are subject to the regulations of Division 1 of this Article and are exempt from the provisions of this Division. (b) On City Plaza, newsracks shall be placed only within modular shell units. Each modular shell unit shall contain space for insertion of at least six separate enclosed newsracks. The city shall be respon- sible for installing and maintaining all modular shell units and the parties leasing spaces within such units shall be responsible for installing and maintaining their newsracks within such units. Modular shell units and newsracks shall comply with written specifi- cations relating to the color, dimensions and construction thereof, which specifications shall be approved by the City's Design Review Committee. (c) Modular shell units shall be made available by the city for leasing at locations on City Plaza which satisfy the requirements of Section 31-162. (d) All leases for newsrack spaces in modular shell units on City Plaza shall terminate on the 30th day of September following the date of commencement. On the first business day of the city in September of each year, the City Manager shall hold a hearing for the purpose of reallocating all available modular shell unit newsrack spaces among the applicants therefor. At the hearing, the City Manager shall consider all applications received five or more days prior to the date of hearing. (e) At least fifteen days prior to the date of the hearing, the City Manager shall notify each party currently leasing one or more such newsrack space, and each person who has theretofore advised the City Manager of the desire to lease one or more newsrack spaces, by first class mail of the date of termination of all existing leases, of the right to make application for a new lease concerning one or more DRAFT 7/20/88 Ordinance No. Page 5 newsrack spaces, of the final date for receipt of such application, and of the time, date and place of the hearing. (f) If fewer newsrack spaces are available at any location than the number of applicants desiring to use spaces at such location, or if applicants cannot agree upon the particular space at a single location to which each shall be assigned, then the City Manager shall endeavor to treat all applicants fairly and equally, to the fullest extent possible, in allocating the available newsrack spaces. In such event, allocation of spaces by drawing lots shall be the preferred method. (g) Unless space is available at such location for each of the publica- tions for which space is sought, no more than one modular shell unit space shall be leased at any one location for the newsrack of any one newspaper or news periodical. Moreover, any lease for more than one newsrack space at any location for any newspaper or news periodical shall terminate after approval by the City Manager of a new applica- tion from an applicant desiring to use such space for a newsrack for a newspaper or news periodical for which space is not otherwise available at such location. Such termination shall be effective on the date five days after the date of mailing by the City Manager of written notice of termination, which notice shall be sent by cer- tified mail with return receipt to the address of the responsible person designated in the application for the existing lease. Such notice shall be mailed as soon as reasonably possible after approval of such new application, along with a refund of the pro -rated, pre- paid rental for the unexpired portion of the lease term. The new lease shall commence on the day after the date of termination of the existing lease. (h) After such hearing, the City Manager shall allocate the available newsrack spaces among the applicants therefor and shall thereafter issue the appropriate leases upon receipt by the city of the required annual rental from the lessees. All such leases shall designate the first day of October following as the date of commencement of the term and shall be in a form approved by the city legal department. (i) If any newsrack spaces remain available for leasing after the first day of October, leases for such remaining spaces thereafter shall be granted to subsequent applicants on a first-come, first-served basis in the order of application filed with the City Manager; provided, however, that the provisions of subsection (g) of this section shall apply to leases granted pursuant to this subsection. (j) If new newsrack spaces become available for leasing after the first day of October, the City Manager shall promptly schedule a hearing, within no more than thirty days after such spaces become available, for the purpose of allocating such new spaces to the applicants therefor. The requirements of subsections (d) through (h), in- clusive, of this section are applicable to any hearing scheduled pursuant to this subsection. DIVISION 3. GENERAL DRAFT 7/20/88 Ordinance No. Page 6 Section 31-168. Oranting• Expiration; Proration of Fee; Temporary Placement of Newsracks. (a) Except as provided in subsections (b) and (c) of this section, all permits or leases required by this Article shall expire on the 30th day of September following the date of granting. There shall be no proration of the required fee in the event that the permit or lease does not run for a full year. The City Clerk shall review each permit application, and the City Manager shall review each lease application, and such person shall grant each permit or lease which is determined to be in compliance with the appropriate requirements of this Article and any other applicable legal requirements. Each applicant shall promptly be notified by certified mail with return receipt of action denying a permit or lease. Any applicant who has been denied a license or lease shall have the right to a hearing before the City Council by filing a written appeal with the City Manager within ten days from receipt of notice of denial. (b) Any person, firm or corporation desiring to immediately place one or more newsracks on i public property shall have the right to so place such a newsrack prior to the filing of the application and the payment of the fee, provided that the newsrack is placed and there- after maintained in such a manner as to be in compliance with the requirements of this Article and any other applicable legal require- ments, and provided that the required application is filed and the required fee paid no later than the next business day of the city after the newsrack is so placed. Section 31-169. Permit or Lease Acceptance on Condition City Held Harmless. In accepting a permit or lease under this Article, the party receiving the same shall be deemed to have agreed to hold, and shall hold, the city harmless from, and indemnified against, all damages arising from the construction, use or maintenance of the encroachment. Section 31-170. Failure to Secure or Renewal Permit. (a) Any party failing to secure a permit or lease required under this Article shall cause the subject encroachment to be removed immediately from the public property. (b) Any newsrack encroachment permit or lease not renewed on or before its date of expiration shall automatically expire, and the encroach- ment used or maintained thereunder shall immediately be removed by the permittee or lessee without further notice. (c) Any permit or lease which has not been renewed in accordance with the provisions of this Article may be reinstated by payment of the required fee plus an administrative charge of ten percent for each month or part thereof for which the fee is overdue. Section 31-171. Revocation. //3a- DRAFT 7/20/88 Ordinance No. Page 7 (a) The City Council, after notice and hearing, may revoke or refuse to renew any permit or lease required under this Article for any of the following reasons: (1) Failure to comply with the requirements of this Article or any other applicable legal requirements; (2) Fraud, deceit or misrepresentation in connection with an application for a permit or lease; (3) City Council determination that the space where an encroachment is located is required for public use; provided, however, that the city shall not revoke a lease of newsrack space on City Plaza based on a determination that the space is required for public use unless the public use involves a change in City Plaza, or property adjacent thereto, which brings the modular shell unit containing the newsrack into violation of the requirements of this Article or any other applicable legal requirements. (b) In case a permit or lease is revoked by the City Council based on its determination that the space where the encroachment is located is i required for public use, the permittee/grantee shall be entitled to a partial fee refund to be computed on the basis of 1/12 of the required annual fee multiplied by the number of unexpired whole months of the year remaining after the date of removal of the encroachment. In all other cases where a permit or lease is revoked, no refund of any portion of the required annual fee shall be paid to the permittee or grantee. Section 31-172. Removal of Encroachment. (a) Whenever the City Council, after notice and hearing, has revoked or refused to renew any permit or lease required under this Article, the owner or user of the subject encroachment shall cause it to be removed immediately from the public property. (b) Whenever the City Manager finds any encroachment constructed, used or maintained without the required permit or lease having been secured, he/she shall send a written notice to the address of the owner or user of the encroachment, if known, by certified mail, with return receipt requested, or if such address is not known, then he/she shall post such notice on or next to the encroachment continuously for a period of three days. The notice shall state the address and telephone number of the City Manager; that the encroachment is in violation of the requirements of this Article; that the owner or user is ordered to cause immediate removal of the encroachment from the public property; that the encroachment may be removed by the city after a date designated in the notice, which date shall be five days after the date the notice was mailed or three days after the date the notice was first posted, as the case may be; and that the owner or user may request a hearing before the City Council by filing a written appeal with the City Clerk on or before the designated //3a- DRAFT 7/20/88 Ordinance No. Page 8 removal date. If the encroachment is still on public property after this three- or five-day period, as the case may be, or if an appeal is made and denied after the date of the City Council hearing thereon, the City Manager shall cause removal of the encroachment. (c) Notwithstanding any other provision of this Article, the City Manager may cause immediate removal of any encroachment on public property where its construction, use or maintenance unreasonably endangers the safety of persons or property or unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic. No later than the next business day of the city after the City Manager has caused such removal, he or she shall give the notice referred to in Section 31-173(a) of this code. The City Council thereafter shall determine at hearing whether the action was proper. If the City Council determines that the action improperly caused removal of an encroach- ment, the City Manager shall cause such encroachment to be promptly restored to its location prior to such removal. Section 31-173. Hearings; Notice. (a) At least ten days prior to the date of any City Council hearing required under Section 31-172, the City Manager shall send a written notice to the address of the responsible person designated in the application for the permit or lease by certified mail with return receipt requested; or, if no such application was filed, then to the address of the owner or user of the encroachment; or, if the identity of the owner or user is unknown, then the City Manager shall post such notice on or in the near vicinity of the encroachment. The notice shall state the address and telephone number of the City Manager, the subject matter to be discussed at the hearing, and the date, time and place of the hearing. (b) At any City Council hearing required under this Article, the owner or user of the subject encroachment may be represented by legal counsel, may call witnesses and present evidence on his behalf, and may cross- examine witnesses against him. Section 31-174. Violations and Penalties. (a) Any party who violates the requirements of his Article by using or maintaining, or by causing to be used or maintained, any encroach- ment, the removal of which has been authorized pursuant to Section 31-172 of this code, shall be deemed guilty of a misdemeanor. (b) Every encroachment, the removal of which has been authorized pursuant to Section 3-172 of this code, shall constitute a public nuisance. The cost of such removal shall be assessed against the property of the party constructing, using or maintaining the encroachment. Section 31-175. Permit and Lease Fees for Newsracks. Any party applying for a permit to place a newsrack on public property shall pay to the city, in advance, an annual fee for each such newsrack. Any party who has been granted the right to lease one or more newsrack //3.2, DRAFT 7/20/88 Ordinance No. Page 9 spaces on City Plaza shall pay to the city, in advance, an annual rental for each newsrack space leased. The amounts of the permit fee or lease rental shall be set by the City Council by resolution, and may be changed from time to time. The amounts of such fee and rental shall be based upon the city's costs and expenses related to processing applications, issuing permits and leases, furnishing modular shell units, inspecting and enforcing this Article, and responding to complaints. Section 31-176. Payment of Fees. All fees for permits or rentals for leases granted under this Article shall be paid to the City Treasurer. Section 31-177. Notice Fee Payment Due. The City Treasurer shall send out, annually, notice to the permittees or lessees that the fee required by this Article is due. Failure to give or receive such notice shall not constitute a defense to the provisions of Sections 31-172 and 31-174. B. Section 9.1-7(i) is hereby repealed and the following is adopted in lieu thereof: (i) Except as provided in Division 2 of Article VIII of Chapter 31 of the Code of Ordinances, no newsrack may be placed or allowed to remain on City Plaza. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK Approved as to Form Legal Department // 3,Z- u City of Iowa City MEMORANDUM DATE: July 22, 1988 TO: City Council FROM: City Manager RE: Material in Information Packet Memoranda from the City Manager: a. HUD Review b. Newsrack C. Iowa Electric(w/attached annual report). d. CEBA Grant - Computer Aided Design Software, Inc. (CADSI) e. Highway 1 West f. Development Assistance(w/attached brochure). Copy of letter from Bruce Goddard representing William and Doris Preucil regarding offer to buy. News release regarding appointment of Civil Rights Coordinator. Memorandum from the Finance Director regarding parking ticket writers. Memorandum from the Department of Housing and Inspection Services: a. Abatement procedures for abandoned buildings and other nuisances b. Assisted Housing Rule Changes Memorandum from the Airport Manager regarding revised airport layout plan. Letter from the Convention and Visitors Bureau requesting a supplemental appropriation from the hotel/motel tax fund. Copy of letter from Heritage Cablevision regarding fee increase. Copy of letter from Heartland Management Company re Cedarwood Apartments. To Council Only: Memorandum from the City Manager regarding Preucil School. /ilff Memorandum from Patt Cain regarding annual report on Iowa City Tax Abatement. Copy of letter from Daniel Bray to Barry Beagle expressing appreciation. SD Article from The Chronicle of Higher Education regarding Town -Gown relations. /^s/ Memo from Patt Cain regarding Chamber of Commerce Economic Trends 1988. /S I City of Iowa City MEMORANDUM DATE: July 21, 1988 TO: City Council FROM: City Manager RE: HUD Review Attached is the annual HUD review of our COBG and related programs. Two minor findings are noted and will be corrected to meet federal requirements. 9 RE CE IV ED JUN 221988 a' U.S. Department of Housing and Urban Development 4•''� • Omaha Office. Region VII Braiker/Brandeis Building ..... 210 South 16th Street Omaha. Nebraska 68102-1622 SON t 7 0" Honorable John McDonald Mayor of Iowa City 410 East Washington Iowa City, IA 52240 Dear Mayor McDonald: This will report on the Department of Housing and Urban Development (HDD) monitoring visit on May 17-19, 1988. Programs reviewed included: Community Development Block Grant (CDBG) Rental Rehabilitation, and Section 312. HOD staff participating in the review included: Me. Lorraine McNair and Mr. William Shoemaker, Community Planning and Development Representatives; Me. Melodee Humbert, Rehabilitation Management Specialist; Mr. Stanley Quy, Environmental Officer; Ms. Marie Marino, Equal Opportunity Specialist; and Me. Jane Phillipe and Mr. Fred Jones, Regional Labor Relations Specialiste. Specific areas reviewed included: Program Progress, Compliance with National Objectives, Financial Management, Subrecipiente, Rehabilitation, Acquisition, Environmental Compliance, Labor Standards, and Fair Housing and Equal Opportunity. There were two findings as a result of the monitoring visit. Enclosed is a summary of the areas reviewed. Please respond to any request for additional information within 30 days of the date of this letter. Should you or your staff have any questions regarding the content of this letter, please contact Ms. McNair at 402/221-3809. Sincerely, Joe E ones Director Community Planning and Development Division Enclosure cc: Ms. Marianne Milkman 1133 9 MONITORING SUMMARY CITY OF IOWA CITY, IOWA May 18-20, 1988 PROGRAM PROGRESS 3SNBdX3 Because of the delays by Congress in enacting authorization and appropriation legislation, the City's Fiscal Year (FY) 1988 program is just getting underway. Overall, progress is satisfactory, considering that $4,809,230.46 (86x) of the cumulative Entitlement amount has been drawn down from the letter of credit. COMPLIANCE WITH NATIONAL OBJECTIVES Several activities which were listed in the 1987 Grantee Performance Report (GPR) were reviewed for compliance with national objectives.. Activities which were identified as be low- and moderate -income (LNI) persons included Youth Services acquisition, Coffelt Place renovation United Action for Youth WAY), Mayor's Youth Employment Program (NYE?), and removal of architectural barriers (install accessible doors) at the civic center. Activities listed as elimination of slum/blight include Ralston Creek Bank Stabilization and Plaza Mini Park. An on-site review as well as documentation maintained in the files supports that these activities meet the requirements of 24 CPR 570.901(b)(1) and (2). CONCERN: In the GPR, several activities were shown a both meeting LMI subsf beneit and elimination of slum and blight. In that the designations have equently been corrected, we will refer you to the Guide to Eligible Activities for the Community Development Block Grant (CDBG) Entitlement Program (copy previously furnished) for assistants. This guide not only describes the criteria that must be not and the records which must be maintained to qualify an activity under the national objectives, but it also describes each typo of activity which may be carried out with CDBG funds. You might find that this is a very useful tool which could lessen future monitoring findings, if any. CONCERN: The document used by MYEp to support IMI benefit is extremely vague. What it consists of in a sheet of paper with the family income checked, but the employee for whom the document applied could not be identified. We have suggested that instead of using the employee's name, a .__._ 1_ _ 1133 2 3SN3dX3 li j number coding system could be developed. LMI information must relate to an individual. jFINANCIAL MANAGEMENT SYSTEM: The City is in compliance with Federal standards for grantee management systems. An examination of the accounting records indicates identification of the source and application of funds for grant -supported activities. All costs charged to the program appeared necessary and reasonable. A random test of purchase orders and journals applicable to the CDBG program indicated that, for the transactions tested, all supporting documentation was accounted for and fully supported expenditures, except as follows: FINDING: Payments are advanced to subrecipients without adequate source documents. Standard: Office of Management and Budget Circular (OMB) A-102, Attachment G, states that accounting records must be supported by source documents and that advances made to secondary recipients shall conform substantially to the same standards of timing (immediate need) as the primary recipient. - Discussion: In our review of subrecipient contracts for Elderly Services Agency and UAY, we note that partial payments were made in advance. The source document attached to the accounting record consists of a copy of a page of the contract to justify payment, which is not acceptable. 'rhe City should amend theme contracts to include more frequent payments other than quarterly, and state the types of adequate source documents needed to support such request for payments in the contract. Resolution: Submit your written assurance that the letter of credit method of drawdown procedures will be followed. Submit copies of amended contracts for each subrecipient, and advise this office if such advances were deposited in interest-bearing accounts. SUBRECIPIENTS: Two subrecipients (MYEP and UAY) were visited on-site. We note that subrecipient programs begin six months after the City's CDBG program year (January 1 of each year). This gives the appearance of slow-moving activities; however, they are geared to be in line with the City's fiscal year (FY), which is July I of each year. 1133 3 3SN3dX3 if I We reviewed the books, files, records, and agreements. Both subrecipients' financial records meet Federal standards, and performance is consistent with the terms of the agreement. CONCERN; The City is monitoring its subrecipients, but there is no documentation on file to support the areas monitored. We strongly recommend I that the City obtain written documentation of all on-site monitoring and any follow-up necessary cc clear findings observed, if.any. ACQUISITION There were four acquisition cases in the 1987 program period: 1. United Action for Youth, Inc. 2. Youth Homes, Inc. 3. Crisis Center 4. Community Mental Health Center All were funded, at least in part, with CDBC funds, but all purchases were carried out by subrecipients. Consequently, all acquisitions were "voluntary" and not subject to requirements of the Uniform Relocation' Assistance and Real Property Acquisition Policies Act of 1970, as amended (Uniform Act). RELOCATION The four properties acquired were vacant; consequently, no relocation was necessary. In anticipation of possible relocation not subject to the Uniform Act, the City has an optional relocation plan. It has also recently completed an "Affordable Housing" study dealing with owner -occupied housing. Tenant Assistance - Rental Rehabilitation: Three files representing three properties and twelve tenant households were reviewed. In all cues, the tenant@ in-place before and after rehabilitation were paying affordable rents after rehabilitation, pursuant to Rental Rehabilitation regulations at 24 CPR 511.10(h)(2). Based on the monitoring review, Iowa City's acquisition/relocation and tenant assistance policies are adequate and in compliance with applicable requirements. x/33 9 3SN3dX3 i REHABILITATION The purpose of the monitoring was to assess the City's administration of the Community Development Block Grant (CDBG) Program, Rental Rehabilitation Program (RRP), and Section 312 Rehabilitation (312) Program. The review covered three main areae: Overall Program Management, Pile Reviews, and On -Site Inspections of work in progress and/or completed. Overall Proaram Management: The staff requested that this office review this area and make recommendations as to how they can better serve both the demand and the need for rehabilitation assistance in Iowa City. The staff was especially interested in a major expansion of the 312 program. There is a great deal of 312 funds available and the staff -wishes to avail themselves of this resource in order to more effectively stretch and utilize the scarce CDBG funds. Since our last monitoring visit, one permanent, part-time housing specialist has been added to the staff and Me. Mary Nugent is processing the financial portion of the 312 applications. While production has increased some over last year, the City still can't service the need and demand with only one full-time and one part-time housing specialist. At the exit - conference, it was recommended that the present part-time person be made full-time with consideration to be given to hiring another housing specialist, preferably full-time, if possible. With the current workload and demand for assistance, production cannot increase significantly as both housing specialists are working at full capacity. - The staff also requested that recommendations be made to assist them in further streamlining some of their program functions. There were two areas noted where considerable time could be saved: (1) Utilisation of a computer to produce cost estimates and work write-ups and (2) Elimination of the burdensome and time-consuming process of having the housing commission review all applications for assistance. A great deal of time is lost producing all of the paperwork and copies needed to prepare for theme meetings, and cases are delayed because of the timing of the reviews. It was also noted that the commission has elected to deny assistance to an otherwise fully eligible applicant because they didn't feel the person should receive any assistance. This type of situation cannot be continued; if assistance is to be denied, it must be denied on the basis of a legitimate non-compliance with program standards/requirements and not for personal reasons or preferances. It was recommended that all applications be reviewed in-house with approval being given by Ms. Milkman. The in-house review committee would include, at a minimum, the housing rehabilitation specialists, the 312 finance //3-3 W 3SN3dX3 1 officer, and Ms. Milkman. The Housing Commission would be retained to perform the function for which it was originally established, namely the committee identified in the rehabilitation contracts with whom grievances are to be filed and heard. With the dwindling availability of CDBG funds, it was also recommended that the City amend its program design to allow the it of CDBG and 312 funds where possible, rather than always funding 100 percent of the City's CDBG rehabilitation cases with only CDBG funds. The applications would be analyzed to determine how much the applicant could afford to pay. This amount would be funded with 312 funds rather than CDBG funds. The Block Grant funds would be used to make up the "gap" and be secured behind the 312 loan. It was also noted that there is a large demand for the rehabilitation of rental properties which cannot be accommodated under the RRP. Theme cases could also be candidates for 312 funding. Assuming the after -rehabilitation rents in the units are still affordable to low/moderate-income (LMI) tenants, the City would be increasing the amount of housing assistance it can provide to its citizens. The City's administrative organisation and its capacity to carry out the activities necessary to achieve its property rehabilitation goals is lacking only in that it is "short-staffed" in this area. The staff has done an I excellent job in administering this portion of the City's programs within program constraints. The programs are being administered in compliance with Federal and local regulations and standards. File Reviews: No deficiencies were noted and the information needed was readily available. On -Site Ing actions: Inspections were made at several properties, both under construction and completed. Copies of the inspection reports rare left with staff. Items needing correction are, noted under Section I of the reports. The overall quality of the rehabilitation work is very good. We continue to expect this high level of performance from the City. The one 312 loan under construction (Theo Carver) was inspected. It was found that this job is running somewhat behind schedule solely due to the lack of cooperation on the part of the homeowner. This problem was discussed with Mr. Carver on-site. A problem on this project is that Mr. Carver wants a great deal of money spent on his garage which is almost to the point of being beyond repair. Please be advised that all funds must be used first to 6 3SN3dX31 complete all required rehabilitation of the structure (two dwelling units) before any additional funds can be put into the garage. After all of the work has been completed in the living unite and sufficient 312 and/or personal resources remain, renovation of the garage can be completed. CDBC Rehabilitation: Performance under this program continues to be very good. For the period January 1, 1987, through December 31, 1987, the City obligated $341,338 to rehabilitate approximately 75 units. Not all of these were comprehensive rehabilitations, as this program also provides assistance for paint/siding, weatherization, residential accessibility, emergency repair, and elderly housing assistance. The City presently has 37 cases in various stages of processing and a backlog of 35 applications. LRP: A review of the rental rehabilitation voucher Log found it to be complete and accurate. The Bank Disbursement Statements are also reconciled in a timely manner. As of May 30, 1988, the City has received a total rental rehabilitation allocation of $288,950 of which $276,060 (962) has been committed to specific. projects. $149,520 (523) has been disbursed for completed projects. The City is running a little behind in disbursements for completed projects. This was - discussed with staff and it was requested that, for projects funded with FY 1985 and PY 1986 funds, ongoing contacts be made with the owners/developers of these projects to bring them to completion. Only 80 percent 'of the VY 1985 and 15 percent of the PY 1986 allocation has been disbursed for completed projects. LABOR STANDARDS ADMINISTRATION AND ENFORCEMENT The purpose of this review was to determine whether the City is complying with the administration and enforcement requirements of Federal Labor Standards, which include the Davis -Bacon Act and the D. S. Department of Labor regulations: Title 29 of the Code of Federal Regulations, Part 1 (Procedures of Predetermination of Mage [ate@), Part 3 (Payment and Reporting of Wage), and Part 6 (Labor Standards Provisions). In this regard, the City must adhere to the requirements and instructions contained in: - U. S. ftpartment of Housing and Urban Development (HUD) Handbook V -W 1, IST -1, CHC -1, federal Labor Standards Compliance in Rousing, -4i PO=Uuity Development Programs - HUD Handbook 6509.2, REV -4, Community Plannibg and Monitoring. //33 7 3SNUX3 1 Enclosed is a lint of the associated review items which are based on these handbooks. Scope of the Review: The following is a list of the projects that were reviewed: B -86 -MC -19-0009 Iowa City Crisis Intervention Center B -87 -MC -19-0009 Handicapped Doors - Civic Center B -85 -MC -19-0009 MECCA - telephone installation B -85 -MC -19-0009 MECCA - carpet installation B -85 -MC -19-0009 Plaza Mini Park B -87 -MC -19-0009 Napoleon Park Handicapped Trail B -86 -MC -19-0009 Goodwill Industries Renovation, Phase II 8 -86 -MC -19-0009 Harrison Street Pocket Park B -86 -MC -19-0009 Community Mental Health Center Anne: 3 -86 -MC -19-0009 Handicare Facility Improvements B -85 -MC -19-0009 Creekside Neighborhood Sidewalk 3 -86 -MC -19-0009 Curbs and Ramp . Also, the following Rental Rehabilitation projects: 914 Iova Avenue #87-12-1 412 N Dubuque Street /87-4-1 631 E Davenport/329 N Dodge 187-11-1 1117-1117 1/2 E College 187-8-1 715 Iova Avenue 187-6-1 708 Iova Avenue 187-8-2 In conjunction with this review, the Public Works Department and the Housing Authority were visited. The Housing Authority has not received any Comprehensive Improvement Assistance Program funds. The review did not disclose any negative findings. Observations: I. The City should conduct a closer review of project specifications as they relate to Federal Labor Standards, The City is only required to include the appropriate wage decision and the HUD -4010, Federal Labor Standards Provisions, in the specifications and construction contract. 2. On construction contracts that are funded by CDBC funds, the City is reminded that Section 110 of the Housing and Community Development //33 8 3SN3dX3 1N Act of 1974, as amended, states that "all laborers and mechanics employed by contractors or subcontractors in the performance of construction work financed in whole or in part with assistance under this title . " are covered by Federal Labor Standards. This means that if the City or a sub -recipient earmarks any monies for a construction activity, then the entire project becomes subject to Davie -Bacon and related Acts. ENVIRONMENTAL ASSESSMENT Compliance Determinations: The City of Iowa City is in general compliance with the historic preservation regulations and procedures applicable to the CDBG program. Some comments and recommendations are outlined below. The City is also in general compliance with environmental review regulations and procedures contained in 24 CPR 58, although one finding is outlined below. . PINDING: The City is not transmitting its environmental findings to interested parties for review and comment. • Standard: 24 CFR 58.43 requires that all non-exempt CDBG activities be subject to environmental review and comment by the local news media, individual's and groups interested in the activities, and appropriate local, state, and Federal agencies, including HUD and the Environmental Protective Agency. Discussion: Although the City has consistently provided for such review j and comment by local interest groups and the news media, similar review and consent opportunities used to be provided to appropriate Federal and state agencies. Corrective Action Required: The City should provide an assurance that it ca has instituted a produrs sad sailing list to provide for compliance with 24 CPR 58.43. Other Coemmats/Recommendations: Based on the City's problems in getting an agreement with the State Historical Society on such properties as 210-212 Clinton Street, the following guidance is suggested: 1. All requirements and standards resulting from consultations with the State Historical Society should be documented in writing in the files. 11313 4 3SN3dX3 2. If there are areae of disagreement, the City should document the areas of dispute and support their contentions. 3. Irreconcilable issues or differences of opinion should be forwarded to the Advisory Council on Historic Preservation. 4. After full consideration of the Advisory Council's comments and recommendations, the City should decide whether to proceed with the undertaking and under what requirements and standards. FAIR HOUSING AND EQUAL OPPORTUNITY (FHEO) The purpose of the visit was to monitor the City's 1987 activities as they relate to HUD/FHEO requirements and Handbook 8003. 2, Chapter 4, Paragraph 4-2, Monitoring of Community Development Programs. The areas reviewed under the CDBG program were: Benefit to Minorities and Female -Headed Households, Housing Assistance Plin (HAP) implementation, - Fair Housing Actions, Grantee Employment, Training, llecordkeeping, Employment and Contract Opportunities for Section 3 Residents and Businesses, and - Minority Business Enterprise/Women's Business Enterprise (MBR/WBE) Utilisation. A discussion of each of these areas follows. review of the files for the following activities revealed to what extent minorities/ females and other segments of the population benefited from the program for the period January 1, 1987, through December 31, 1987. Housing Rehabilitation (Owner -Occupied) Comprehensive Rehabilitation: Pour homeowners received a total of $79,700. One was elderly -handicapped who received $22,000 (282). Three were families. One minority, "female -headed" homeowner benefited in the amount of $2,000 (3Z). Weathari ation: Two homeowners (which were families) received $5,000 $2,500 eamh . No feule-heeded homeowmere benefited. Painting/siding: Seven homeowners received $22,900. Two (292) homeowners are female -headed who received $8,500 (37Z). Two (29Z) are elderly who received $8,500 (37Z), of which one is handicapped and three are families. //33 10 3SN3dX3 It Residential Accessibility: Eleven (100%) homeowners are elderly - handicapped who received $45,015. Six (55%) were female -headed who received $12,275 (27%). Emergency Repair: Fifteen homeowners received $27,077. Eleven (73%) are female -headed who received $18,577 (69%). Nine of the 15 (60%) homeowners are elderly who received $15,577 (58X), of which three are handicapped. Four homeowners are families, i Altogether $179,692 of 1987 CDBG funds were awarded for owner -occupied housing rehabilitation. Females received $39,352 (222), elderly received $91,092 (51%), and elderly -handicapped received $78,744 (44%) of the total funds spent. The above is comprised of 39 homeowners which are in Census Tracts 1, 6, 11, 12, 14, 15, 16, 17, and 104. These census tracts represent a total population of 27,925 with 1,171 (4.1%) minorities, compared to the general. population of 50,508 with 3,423 (6.8%) minorities. In the same nine census tracts, homeowners represent a total of 5,494 with 114 (2%) minorities. Of the 114 minority homeowners, the records revealed that only one minority, female owner participated in the above program. Outreach efforts by the grantee to solicit minority homeowners to participate in the program were unsuccessful. Therefore, based on their efforts, the grantee's level of performance is acceptable and the review revealed no disparities in the selection criteria. Females, elderly, and handicapped benefited according to their needs. Housing Assistance Plan Im lamentation: The second year (October 1, 1986, to September 30, 1987 achievements of the three-year RAP goals were reviewed as follows: Rental Proarams Lower Income Households to be Assisted Goal Achieved 1. HUD -Assisted - Section 8 free-standing certificates 25 25 - Rental Rehabilitation Vouchers 6 108 2. CDBG-Assisted 1133 I SSNSdXa. 11 - Rental Rehabilitation 30 - Croup Home for low-income 19 disadvantaged and troubled youth 30 10-15 Owner Programs CDBC-Assisted - Comprehensive Rehabilitation 7 - Home Improvements 4 - Weatherization - Paint Program 1 2 1 1 - Residential Accessibility Grant 8 7 - Housing Modifications for 11 low/moderate-income frail elderly 20 25 The review revealed no disparity in housing assistance provided to minority, elderly, handicapped, or female -headed households which is based on requirements of Title VI, Civil Rights Act of 1964; Title VIII, Civil Rights i Act of 1968, as amended; Section 109, Housing and Community Development. Act of 1974; Section 504, Handicapped; and the Age Discrimination Act of 1975. Pair Housing, (Title VIII and Executive Order 11063): The review s1. cons ited of actions takes by the grantee to provide assisted housing in ■ broad range of locations and to affirmatively further fair housing minorities and women. for The lova City Housing Authority administers 473 certificates of Section 8 existing housing and 193 vouchers which are for scattered site housing spread throughout the county. Marketing is done in accordance with the revised and 463appr certied dficatestworelin used with 10Narch ,available87. At tandinotunder lease. fthe r Minorities are represented at 57 (122). Under the voucher program, 148 vouchers were under less* with 45 available. Minorities are represented at 18 (12a). There are also 62 units of scattered site public housing owed by the City, of which 9 tonal ere occupied by minorities. There were four vacancies. The waiting list consists of 146, of which 11 (8a) are minorities. The following is a summary of the complaint activity for 1987: Informal complaints resolved 6 Formal complaints filed 20 1133 9 12 Areae Number Employment 11 (55%) 4 (20X) 2 (10X) 3 (15X) Formal complaints closed 20 No probable cause 15 Probable cause 4 Satisfactorily resolved 4 Complaint withdrawn 1 3SN3dX3 During FY 1987, $3,207.68 was awarded to four complainants to reiolve their discrimination complaints. It was determined that the grantee has taken specific, substantive actions to carry, out the assurances made to take affirmative action to promote fair housing, and has carried out the actions as set forth in the application to further fair housing in a manner that adequately addresses the fair housing needs of the grantee. Development Act of 1974): The Grantee's 810-4 Report dated May 12, 1988, revealed that the City employs a total of 400 full -tier employees. Females are represented at 120 (302) of the workforce while minorities are represented •t 17 (4Z) of the workforce. Minorities represent 6.8 percent of the general population of Iowa City or 5.2 percent of the general population of Johnson County. The 880-4 Report further revealed that the grantee had employed 21 permanent full-time new hires (of which 6 (292) were female and 2 (IOZ) were minority males) during the pot year. There ars 14 employees in Community Development (five (36%) are males and nine (642) are females). Two permanent new hires were employed during the put year --one male and one female. No minorities are employed in Community Development. The review of the City's employment as related to HUD -funded activities is considered acceptable even though the minority employment (4Z) is not parity to the general population of the City (6.8Z). 1133 9 B 13 3SN3dX3. Demonstrated efforts to solicit minorities in both total City workforce and HUD -funded activities through community outreach (e.g., advertisement, minority newspapers, bulletins, etc. were unsuccessful. The City's employment practices are consistent with the Affirmative Action Policy in Employment adopted by the City, (the minority population of the City is comprised mainly If students (29,000)). and Businesses: The City set a goal of $236,700 (30x) of its 1987 CUBO program budget to be contracted with local businesses through the CDBG program. For the calendar year 1987 (January 1, 1987, to December 31, 1987), $453,451 were awarded to Section 3 contractors which was exceeded by $216,751 (192x) of the goal. It was determined that Section 3 residents have been provided opportunities for training and employment in connection with HUD -funded projects and activities and Section 3 businesses have also been provided opportunities for and received contracts in connection with HUD -assisted projects and activities consistent with 24 CPR, Part 135. Recordkee in : Title I of the Housing and Community Development Act HCDA.of 1974 and the Title I regulation of 24 CPR Part 570.907(7) regarding records pursuant to - Section 109 (Benefits, services by race, ethnicity, and gender) - Section 104(b)(2) (Pair Housing) - Section 3 employment and business utilization i - Title VI, 24 CPR Part 1 an incorporated into the program at Section 104(b)(2) of the HCDA of 1974, as amended - Executive Ordir 11063 and implementing regulation at 24 CPR Part 107.30(a) as referenced in 24 CPR 570.601(c) aro being mainliimed and are acceptable. Rental Rebabilitation Program: Six areas of review were conducted in the Program: U 1133 14 3SN3dX3 1 1. Affirmative Marketing: Good faith efforts were made to inform and solicit applications from persons in the housing market area who are least likely to apply without special outreach in accordance with 24 CFR Part 511 and Section 511.10(m)(2). i 2. Displt lacement and Tenant Assistance: No tenants were displaced as a resuof the Rental Rehabilitation program, but if displacement should become necessary, it will be done in accordance with the iCity's Displacement and Tenant Assistance Policy, which meet* the guidelines of Section 511.10(h)(2). 3. Benefit and Participation: The review revealed that the City is administering Che Rental Rehabilitation program in accordance with Title VI of the Civil Rights Act of 1964, and that property owners and eligible persons were selected as tenants for participation in the program without regard to their race/ethnicity, handicap, and age. 4. Section 3 Business and Employment: Good faith efforts that conform, to Section 3 Business and Employment requirements were made by the grantee. Most contracts for work were awarded to Section 3 contractors. 5. Recordkeeping: Records are being maintained in accordance with the regulations 511.71(a)(2), 511.10(m)(2)(iii), and 511.71(a)(2)(iv). 6. Minority Business Enterprise/WoYo's Business Enterprise (NDE/WBE): The monttoriag review ru foeusad on the following areas of grantee activity (24 CPR Part 511, Section 511.10(m)(1)(0): Efforts by the grantee to encourage the participation of MBEs, WBEs, and minority and women property owners in funded activities. Grantee establishment of a racordkeeping system on the extent (owber and dollar mount) of participation of MBEs, wBEs, and minority and women property owners. The review revealed that during 1987 there were seven projects awarded contracts for a total of $52,940. These seven projects consisted of 19 housing units. There were 7 (31x) households headed by females, for a dollar amount of $19,504 (37Z) of the Rental Rehabilitation amount. During this period, one MBE contract was awarded to ■ female ower in the amount of $5,000. 15 3SN3dX3 Based on the above, the grantee met all nondiscrimination and equal opportunity requirements, and the FEEO staff finds the grantee's performance acceptable. The six areas of review in the Rental Rehabilitation program revealed that the City is in conformance with applicable Civil Rights laws and implementing regulations. N; Fuiar a—iuz. NaAttacnmeet oJ: A suggested goal of $20,000 was established by Naha Office which equates to approximately 3 percent of the City'a allocation of $621,000 for 1987. For the period October 1, 1986, through September 30, 1987, the total MBE participation was 14,095 (70.55) of the $20,000 goal. NBE participation was $2,316. Iowa City has set a goal of $20,000 of its 1988 entitlement allocation to be expended on contract■ with minority businesses. This equates to approximately 3 percent of the City's allocation of $584,000 for 1988. As of the second quarter ending March 31, 1988, the MBE participation was zero. wag participation was $573. Due to the lack of MBE participation, FHEO strongly recommends that the City take an aggressive action to increase MBE participation in order that the Department's goal can be accomplished. At the exit conference, we talked at length of different ways to attract MBE participants. It is our understanding that the City's policy is to hire local contractors (of which there are three minority firm@) in the area. One of the firm's schedule is full for this year, but the other two firma do not have funds for performance and payment bonding. As discussed, the provision Of assistance to facilitate the aforementioned is an eligible administrative cost. Please refer to 24 Gn 570.206(d). //33 6 City of Iowa City _ MEMORANDUM DATE: July 21, 1988 To: City Council FROM: City Manager RE: Newsrack Attaing he ck Thiscmatterehasrious items of been schedulediforrmation discussioncatnyourtinformalaissue. meeting on Monday, July 25. City of Iowa City MEMORANDUM Date: September 28, 1987 To: Mayor and City Council From: Craig Jett n, Design Review Committee Re: Banks f Newspaper D spensers for Iowa City CBD This memo is prepared for Council consideration during discussion of the Legal Department's recent report on the regulation of newsracks on public property, HISTORY OF DESIGN REVIEW COMMITTEE CONSIDERATION In 1981 the City Manager asked the Design Review Committee to suggest guide- lines governing newspaper dispensers on City Plaza. The DRC reviewed avail- able modular styles of dispensers and recommended the size and location of several units within the Plaza area. City staff addressed the mechanics of purchase, lease and maintenance. In 1985 the Committee reviewed the draft ordinance then being considered to ttheirspreviousnr ecomnendationsmachines nregardinublic g rbanksyof Thr members reaf- firmedS'-in the Plaza area, but also recommended' ttML W ftq* t}d* C•pdteal' Business�rOistrict (bounded generally by Iowa Avenue, Lina Street, 8urliegton Street. and South Capitol Street or Madison Street) newspaper vending should be confined to specific locations, selected in consultation with newspaper distributors, with banks recommendedothatwtheper Cityiassurerthe upkeep ofrovided b these uthe nits inethee downntown.so At its September 1987 meeting the ORC discussed the recent Legal Department within the COort and Din be uniform recommended nd grouped together er ins appropriate ensers an public locations. PRESENT LOCATIONS OF NEWSPAPER DISPENSERS IN THE DOWNTOWN On September 11, 1987, a survey of newsracks located in the CBD was taken to update the survey of this same area in August 1985. A map showing the re- sults of the update is attached. A comparison of the two surveys reveals that there has been an increase in the total number of newsracks, from 41 to 54, with minor changes in locations and the mix of newspapers. (NOTE: A survey of approximately the same area in October 1983 showed 20 newsracks.) A notable change since the 1985 survey is the addition of seven newsracks near the Plaza entrance to the Holiday Inn Hotel. Of e 54 in could be several k of counted located �at fthemnortheastabe onprcornerivatepofp Old Capitol Center and at the entrance to the Holiday Inn. //3 � z COMMENTS ON DRAFT ORDINANCE The present draft ordinance would not require newsracks within the CBD to be clustered in modular units at selected locations. It does, however, allow the Plaza area to be governed by the existing regulations (i.e., the City will make available, at a reasonable cost, space in the City -owned newspaper dispenser units on City Plaza). The DRC urges the City Council to consider the Committee's previous and continuing recommendation that newspaper vending on public property within the CBD be limited to specific locations, selected in consultation with newspaper distributors and chosen to reduce clutter, avoid obstruction of public access and still provide ample opportunity for the distribution of newspapers within Iowa City's downtown. The Committee remains ready to work with the Council and newspaper distributors to investigate the types of modular units available and their placement in the CBO. bjl/6 113 L I WSJ C_ `7YT ICPC LOCATION OF NEWSPAPER DISPENSERS UNIVERSITY OF IOWA PENTACREST OWNTOWN 80 )WA CITY, IOWA CIG CRGI + Advertiser (1) ICPC - Iova City Press -Citizen (11) DI USA DY? USA JI 84 NYT - Nev York Times (3) ; 7S.; ICPC CSN - Christian Science Monitor (1) QCT C_ Ann C_ Public USA • USA Today (11) Library USA WSJ . Wall Street Journal Y LAZA DPs ICPC *Attached 4 a..hed to public amenity 9/11/87 CSN DI D:J4 Cao t' rkmq uououe t WSJ LC?C Rame arkinq Rare ICPC CRG 9Y_ CT USA DI QCT CRG USA ICPC ADV + Advertiser (1) ICPC - Iova City Press -Citizen (11) CRC - Cedar Rapids Gazette (4) NYT - Nev York Times (3) CSN - Christian Science Monitor (1) QCT • Quad City Times (2) C_ - Chicago Tribune (5) USA • USA Today (11) D>M - Des Moines Register (7) WSJ . Wall Street Journal (5) *Attached 4 a..hed to public amenity 9/11/87 //3(L 9 City of Iowa City MEMORANDUM Date: July 9, 1985 To: Bob Jansen, City Attorney From: Patt Cain, Associate PlannerQ / Re: Draft Ordinance Regulating Newspaper Vending Machines on Public Property At its meeting of July 3, the Design Review Committee discussed the draft ordinance for regulating newspaper vending machines on public property. The Committee limited its discussion of the proposed ordinance to those issues that would affect placement of newspaper vending machines in the downtown area; the Committee did not discuss the permitting system or fees included in the ordinance as Cammiitee members considered these matters outside their purview. Committee members concurred on three basic recommendations in regard to the draft ordinance: 1. The definition of newspaper vending machine in Section 31-160 should be expanded to include the placement of banks of modular vending machine units. 2. In Section 31-162b, a section should be added to allow placement of newspaper vending machines arranged for pedestrian traffic in the downtown area. The Committee agreed that in areas of considerable pedestrian traffic desirable locations for newspaper vending machines might be adjacent to buildings or landscaping features rather than within 24 inches of the curb. 3. Especially in the. City P.laza and also within the Central Business District (bounded generally by Iowa Avenue, Linn Street, Burlington Street and South Capitol Street or Madison Street), the Committee would like to see specified locations for newspaper vending with banks of vending machines provided by the City. The locations for these units should be chosen in consultation with newspaper distributors and the Design Review Committee. This recommendation is consistent with one made by the Committee several years ago when it recommended that newspaper vending machines should be uniform and grouped together in appropriate locations. (An excerpt from the minutes of a 1981 Design Review Committee meeting is attached.) The Committee also recommended that the City assure the upkeep of the banks of vending machines in the downtown. If the City Council is amenable to having newspapers vended from City -owned banks of machines in the downtown area, the Committee offered to look into the types of modular machines that are available and make recommendations regarding their placement, design and structure. tp2/2 113; F FROM: ORC Minutes 2 May 13, 1981 of these plans. She expressed concern that the plants located in the City Plaza Should be heat tolerant due to the amount of heat -radiating materials in the area. Chiat stated that these plans would be sent to Gretchen Harshbarger for her review and comment. Chiat said these plantings probably would be installed next fall. " The Committee indicated general approval of these plans, subject to the consideration of review of plantings and placement of an additional number of trash receptacles on the Plaza. NEWSPAPER DISPENSERS Chiat presented copies of material on newspaper dispenser styles and a diagram showing potential locations for the dispenser units. The Committee agreed with the proposal that a large dispenser for four to six different newspapers should be sited in the planter opposite the Jefferson Building to replace the individual racks by the Jefferson Building. Several damaged plantings in the planter would be removed and replaced with additional shrubs that would compliment the dispenser unit. The unit would be painted VanDyke Brown. The Committee suggested that if a second dispenser unit was required, it should be smaller and located on College Street. The Committee wanted to know if the 'alcove' in front of Hardee's could be used. Chiat indicated that an agreement would probably be necessary because the alcove is on private property. A second alternative location on College Street near the Clinton Street entrance to City Plaza was then suggested. The issue of who would pay for the dispensers and maintainance was raised. Lilly suggested a letter should be sent to the different newspapers requesting their interest in using the dispenser units. Chiat said he would continue work on the issue. Seiberling asked if the storage mailbox by the Washington Street entrance of the City Plaza could be relocated in a more accessible location for the mail truck. She also wanted to know if a sign could be put on the storage mailbox indicating that the consumer drop mailboxes were in the kiosk. Chiat replied that he would contact the Postal Service with these suggestions. APPOINTMENT OF NEW MEMBERS At the April 21, 1981 City Council meeting, two vacancies for the Design Review Committee were announced. These positions will be filled at the June 2, 1981 City Council meeting. Meeting adjourned. Prepared by: Andrea Hauer Planner/Program Analyst //3X City of Iowa City MEMORANDUM Date: June 26, 1987 To: Honorable Mayor and Members, City Council From: Richard J. Boyle, First Assistant City Attorneyrr Re: Regulation of Newsracks on Public Property BACKGROUND In recent years, unmanned devices for the vending or free distribution of newspapers and periodicals ("newsracks") have proliferated in the City, both on public and private property. The appearance of those devices on public property has raised questions about the appropriateness of regulating them. Regulation of newsracks an City Plaza has already bethat treated by ordinance. City Code of Ordinances Section 9.1-7(1) provides The City will make available, at a reasonable cost, space in the Cit-ownPlaza. In the case of more applications onsthanavailable pace, a newspaperenser units on catection procedure that is deemed fair, reasonable and appropriate by the City shall be estab- lished. stab- 1ished. There is no City -owned newspaper dispenser on City Plaza, although there are a number of newsracks. QUESTIONS PRESENTED 1. May the City require that newsracks on public property be licensed? 2. May the City require that newsracks on City Plaza be placed in modular units? 3. May the City impose size and location standards on newsrack owners? DISCUSSION The answer to all three questions is a conditional yes. There have been a number of recent cases involving attempts by municipalities and other governmental agencies to license and regulate the location of newsracks, and while there are no definitive rules to be applied in all ofsspecifics,nhowever, asbit of background be derived from those case. may be helpful5 Before discussion 113Y- A As a general proposition, states have control of streets, highways, and public property, but they have delegated to municipal corporations and other public agencies responsibility for local streets and public grounds. In Iowa, Code (1985) Section 364.12 provides that cities are `responsible for the care, supervision and control of public grounds, streets, sidewalks...and the city shall keep all public ways, squares, and commons open, in repair, and free from nuisance...' Governments hold public property in trust for the public, and it is generally the rule that they cannot be put to any use inconsistent with the primary purpose for which they were established. In the case of streets, the move- ment of people is the primary purpose and municipalities have no implied power to grant privileges to use streets for private purposes. For example, the Iowa Supreme Court has held that Waterloo did not have authority to authorize operation of a news stand on public sidewalks. Courts recognize that public entities have power io preserve the property under their control for the uses for which it was lawfully dedicated. Cities have a legitimate interest in preserving access to buildings, and maintaining the normal flow of pedestrian and vehicular traffic and it is the duty of public officials to protect public property against inappropriate uses which interefere with those interests. Stated otherwise, public ways (streets, alleys and side- walks) are primarily for the movement of people and cannot be diverted for merely private or commercial use which unreasonably curtails or interferes with the public's use. On the other hand, as stated by the U.S. Supreme Court in Hague Y. C.I.O., 307 U.S. 496, (1939): Wherever the title of streets and parks may rest, they have immemor- ially been held in trust for the use of the public and, time out of mind, have been used for purposes of assembly, communicating thoughts between citizens, and discussing public questions. Such use of the streets and public places has, from ancient times, been part of the privileges, immunities, rights, and liberties of citi- zens. The privilege of a citizen of the United States to use the streets and parks for communication of views on national questions may be regulated in the interest of all; it is not absolute, but relative, and must be exercised in subordination to the general comfort and convenience, and in consonance with peace and good order; but it must not, in the guise of regulation, be abridged or denied. That is, the exercise of First Amendment rights is another legitimate use of streets and parks and, in those places, governments may not prohibit all communicative activity. II Publication of newspapers is protected by the First Amendment guarantee of freedom of the press, and that protection extends to their distribution since the right to publish is meaningless if the right to distribute is curtailed. However, such protection does not free newspaper companies from all regula- tion, nor secure any private property rights. For example, enterprises 113E exercising First Amendment rights are subject to labor laws and zoning laws. Further, the First Amendment does no: create any right to use the proper, c' others. Indeed, "the First Amendment does not guarantee access to governmert property simply because it is owned or controlled by the government." United States Postal Service v. Greenburg h Civic Assn.. While some public property is ra i lona y a orum or p ace o exercise First Amendment rights, such right is not absolute. In Heffron v. International Society for Krishna Consciousness, Inc., the Supreme Court noted that the irst endment does no guaranteethe right to communicate one's views at all times and places or in any manner that may be desired." If the manner of expression is incompat- ible with normal activities at a given time or place, such manner of expres- sion may be regulated by reasonable time, place, and manner restrictions. With the advent of heavy automobile and truck traffic, governments are faced with conflicting demands for unobstructed movement of vehicles and pedestri- ans and use of public property for exercise of First Amendment rights. Are streets for vehicles or for demonstrations? In evaluating attempts to accom- modate those demands, courts have attempted to formulate rules for resolving the conflicts. The first step is to characterize the public property to determine the existence of a right of access and the standards by which limitations on such a right must be evaluated. That is, is the property a traditional public forum? In Members of Cit Council v. Taxpayers for Vincent, the Supreme Court repeated its ongstanding ru a that(104 S. Ct., ii£—p-77134): Public property which is not by tradition or designation a forum for public communication may be reserved by the state for its intended purposes, communicative or otherwise, as long as the regulation on speech is reasonable and not an effort to suppress expression merely because public officials oppose the speaker's views. In Gannett Satellite Inf. Net. v. Metropolitan Transp. Auth., the Court of Appeals approved a leasing scheme for newsracks in commuter railroad sta- tions. The court held that the public areas of such stations constituted public property which was not by tradition or designation a forum for public communication, so the licensing scheme merely had to be reasonable and unre- lated to the content of the publications. An ordinance which makes peaceful enjoyment of a First Amendment right con- tingent upon the uncontrolled will (i.e., discretion) of an official is unconstitutional censorship, or prior restraint upon the enjoyment of those freedoms. Staub v. CitX of Baxley. Therefore, courts will invalidate an ordinance or_r_egulaticm wn1ch vests city officials with discretion to grant, deny, or delay issuing licenses. III Governments may impose reasonable time, place, and manner restrictions upon exercise of First Amendment rights, but only if the restrictions are - (a content neutral, (b) narrowly tailored to serve a significant governmental interest, and (c) leave adequate alternative channels of communication. Perry Educ. Assoc. v. Perry Local Educators' Assoc.. 4 If a city licenses all newsracks, such regulation would seem to be facially content -neutral because it applies equally to all newsracks. Plain Dealer Pub. Co. v. Cit of Lakewood, Ohio, Jacobsen d/b/a/ Solo RFD v. rivaro. iviTNo. 96=43. . owa, (5ov. 26, invo v ng DesMoines' newrack regulations). When dealing with public property which is a traditional public forum - such as for example, the Pentacrest or City Plaza - a government may impose re- strictions upon exercise of First Amendment rights only if the manner of expression is basically incompatible with the normal activity or use of the public property at a particular time and place. In such case, narrowly crafted time, place, and manner regulations may be adopted to prevent undue interference with those interests. Each regulation must be necessary to serve a compelling state interest and must be narrowly drawn to achieve that end. Some significant or compelling governmental interests include - 1. Orderly management of crowds and avoidance of congestion on public streets and sidewalks. 2. Traffic safety and obedience to traffic laws. 3. Unobstructed access to public facilities, such as utility poles. 4. Aesthetics. 5. Injury or property damage (i.e., public health or safety). 6. Prevention of nuisances. With respect to ample alternative channels of communication, in the City Lakewood case, the evidence disclosed there was home delivery throughout comnunffy and numerous 24 hour establishments in which newspapers were sold, thus establishing alternative channels for such communications. In Jacobsen d/b/a Solo RFD v. Crivaro, the Des Moines case, Judge Stuart foun-d--ain-ple alternative c anne s o communication in "Delivery by mail, hone delivery, vendors, or newsracks in locations complying with the ordinance...' He also noted there was no restriction on the right to place newsracks on private property, and said - Although the alternative distribution method may be more costly, the First Amendment does not guarantee a right to the least expensive means of expression. See Reffron, * * * (state need not provide free access to fairgrounds o—r—soT�itation); Kovacs W. Cooper, * * * (city may restrict soundtracks even though they are cheapest means of communication). IV Whether specific regulations are reasonable time, place, or manner restric- tions will depend upon the facts in any given case. They must be narrowly drawn to serve a compelling government interest. In that regard, it is helpful to review two recent court decisions involving newsrack regulation: 113 �Z the Court of Appeals' decision in the City of Lakewood case, and the Des Moines ordinance involve,: in Jacobsen d/b/a Solo RFD and Sincl_e Scene v. Crivaro. In the Lakewood case, the Court of Appeals sustained the city's ban on news - racks in rest ential neighborhoods, finding that the ordinance was narrowly tailored, and agreeing "with the district court's holding that 'traffic safety, proper functioning of a city's safety and sanitation forces, main- taining a clear right-of-way on sidewalks for pedestrians, and aesthetics are all substantial government interests and the subject ordinances reach no further than necessary to accomplish the City's objectives'." The Court also sustained the size and site locational requirements (i.e., placement in rela- tionship to streets, buildings and other objects) and, without deciding, suggested the rental or license fee requirement is constitutional. On the other hand, the Court found unconstitutional - 1. The vesting of discretion in the mayor to grant or deny permits (uncon- stitutional prior restraint is not cured by built-in appeal process); 2. Architectural review of newsrack design (no standards for review, vio- lates First and Fourteenth (due process) amendments); 3. Requirement that permittees indemnify and insure the City against liabil- ity "for any reason whatsoever occasioned upon the installation and use" of a newsrack. Property damage and liability insurance of $100,000 was required, naming the City as an insured. (Not required of other permittees, therefore, requirement places undue burden on newspapers. The Court of Appeals dissenter would have sustained this provision.) In Jacobsen, Judge Stuart sustained the Des Moines regulations relating to newsrack He stated with respect to significant governmental interest, that - [T]his Court is persuaded that "traffic safety... maintaining a clear right-of-way on sidewalks for pedestrians, and aesthetics are all substantial government interests and the subject ordinances reach no further than necessary to accomplish the City's objectives." He also sustained the $10.00 annual license fee per encroachment, noting that while a government cannot ordinarily profit by imposing a fee on exercise of a First Amendment right, fees covering administrative costs are permissible. An interesting variety of size and locational requirements has been approved in the cases, and generally those are designed to prevent obstructions to free passageway of vehicles and pedestrians, thereby advancing a city's interests in traffic safety and clear rights-of-way. For example, the Des Moines ordinance provides that no encroachment (which includes newsracks) shall "unreasonably obstruct the right of travel... or... unreasonably inter- fere or impede the flow of pedestrian or vehicular traffic"; nor may an encroachment occupy more than twenty-five percent of the width of a sidewalk, or be located at street corners within vision clearance triangles. (See also Iowa City Code of Ordinances, Sections 34-24(a) and 36-65(a).) //3x 21 The Des Moines ordinance also providesl that: (b) No newsrack shall be located: (1) Within five feet of any fire hydrant, fire or police alarrt box, or other emergency facility; (2) Within two feet of any marked crosswalk or any driveway; (3) Where it restricts access to a bus shelter or a bus bench; (4) Where it interferes with loading or unloading at the front and rear doors of buses; (5) On any handicapped access ramp; (6) In such a manner as to reduce the clear space for the pas- sageway of pedestrians on sidewalks to a continuous and unobstructed width of less than six feet; (7) On the right-of-way of any street where parking is prohibited for all or any portion of the day or within 50 feet of such street on the right-of-way of any intersecting street,.... (c) Newsracks on public street right-of-way shall only be placed either (a) not more than one foot back from the face of the curb, or (b) not more than six inches from a public utility pole or a traffic sign pole located near the curb, or (c) parallel to the wall of a building and not more than six inches from the wall. Newsracks placed near the curb shall be placed so that the opening through which newspapers or news periodicals are dispensed does not face the curb line. In its skywalk system, Des Moines provides modular units at locations it selects and newspaper and periodical vendors may lease space in those units In which to place their newsracks. Unless extra space is available, vendors are limited to one space per modular unit. They pay annual rent of $10 for each space, and renew leases in March of each year. If demand for a location exceeds spaces available, lots are drawn for spaces. Unallocated space is available first come -first served. In addition to provisions described earlier, the ordinance at issue in Plain Dealer Pub. Co. v. City of Lakewood, contains locational limits similar those in the Des Moines ordinance- Ine District Court and Court of Appeals both held that the following locational, size and other requirements are constitutional. Newsracks - 1. Must be constructed of metal or substantially similar materials. 2. Shall not exceed 50 inches in height nor more than 25 inches in length and width. 3. Shall not be placed in residential districts. --------------- -Similar provisions are found in a model ordinance contained in P. Ball, Extral Extra! Read All About It: First Amendment Problems in the Regula- f�ol^ o n- perm ewspaper en ng ec nes, oluum �a J. L. 183, 20fi //3�1 4. Placed near curbs must be parallel to the curb line, not less than eight- een inches nor more than twenty-four inches from the curb. 6. Shall not be placed within 250 feet of another newsrack for the same newspaper or periodical. 7. Cannot be placed where three newsracks are already located. Lakewood imposes a license fee of $10.00 per device per year, and requires a permittee to maintain the immediate area around each newsrack free of litter and debris. The ordinance also prohibits use of the devices for advertising anything other than the newspaper sold therein. Although the Des Moines ordinance does not require insurance or indemnifica- tion, a reasonable requirement should be upheld. The Lakewood provision was struck down because indemnification and insurance were not required of other users of right-of-way, not because the requirement was suspect. Iowa City requires indemnification and insurance from users of its streets (Code of Ordinance sections 31-47 (excavations) and 31-141 (parades, public rallies, etc.). Further, recent trends in tort law show that placing obstructions on public right-of-way can subject to liability the one placing the obstruction if a vehicle operator runs into the obstruction. In Sisco v. Iowa -Illinois Gas d Elec. Co., the Iowa Court of Appeals held that an obstruction near as roe ma a nuisance, giving rise to liability of a public utility for personal in ury to one whose vehicle leaves the road and runs into the obstruction. It is a small step from imposing liability on a utility placing such an obstruction to imposing liability on a municipality whichep rmits encroachments or obstructions on right-of-way. Since liability may result from placing obstructions or encroachments next to streets, the one placing the obstruction should bear responsibility for any damages arising from such placement, and therefore the City should be Indemnified respecting such liability. CONCLUSION Based upon my analysis of the cases, particularly Crivaro and City of Lakewood, I have redrafted the proposed newsrack regulatory ordinance, a copy of -w %F is attached. That draft reflects the maximum in terms of regula- tions which the City could expect would be upheld by the courts. It does not represent any understanding of what the City Council may want to do vis-a-vis newsracks. Accordingly, I would invite you to review this memo and the proposed ordinance in anticipation of a discussion of the matter during an Informal session in the near future. Based on our discussion of the matter at that session, I will then be able to prepare a draft reflecting the degree of regulation which the Council wishes to impose. /sp 113X ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 31 OF THE CITY CODE OF ORDINANCES TO ALLOW US: OF PUBLIC PROPERTY FOR NEWSRACKS, AND ESTABLISHING AN ANNUAL FEE FOR SUCH USE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION 1. FINDINGS AND PURPOSE. a. Municipalities hold streets and sidewalks in trust for the public and, under Section 364.12 of the Iowa Code, cannot allow them to be put to any use inconsistent with street or pedestrian traffic use. Nunicipali- ties have no power to authorize any private use of or encroachments upon public ways which prevent unobstructed use of such ways. Interference with such unobstructed use is a nuisance. b. The City Council has discretion to authorize use of City property by individuals and firms, to the exclusion of the public generally, only for such consideration as is deemed fair, the same as any other owner of land, and has exercised that right from time to time, including the granting of a cable television franchise for consideration. c. Newsracks are an important means by which newspapers and other periodi- cals are distributed and by which the public gains access to the same, but such machines should be placed on public property only in such manner that the placement does not interfere with the public's right to have public streets, sidewalks, squares, and common areas open and free from nuisances and visual clutter. d. Due to the large number of newsracks which have recently appeared in the City, the public property has become cluttered and, at times, obstructed by such devices, thereby interfering with the public's rights to have aesthetically pleasing streets, sidewalks, squares, and common areas, which are open and free from nuisances. e. It is the intent of this Article that, in order to promote the health, safety, and general welfare of the population, standards shall be provided to allow newsracks on public property, but only in places which do not interfere with the public's right to free and unobstructed use of such property. SECTION It. ANENDMEIIT. Chapter 31 of the Code of Ordinances, relating to Melts, s, s s, and public places, is hereby amended by adding the following raw Article YIIi - LOCATION OF NEWSRACKS. Section 31-160. Definitions. 'Public property' shall mean the streets, sidewalks, roadways, squares, common areas, or other similar property owned by and located within the City of Iowa City, but for purposes of this Article, shall not include City Plaza. 'Modular newspaper vending machine' shall mean an unmanned device, containing separate compartments, for the vending or free distribution of more than one edition of newspapers or similar periodicals. 113 X ordinance No. Page 2 i "Newsrack" shall mean an unmannec, mechanical device utilized for tre sale or free distribution of newspapers or news periodicals. Section 31-161. Permits Required, It shall be unlawful for any person, group, firm or organization to use any portion of public property for a newsrack without a permit for use of such property. Nothing contained herein shall be deemed to prohibit the placement of modular newspaper vending machines on public property either by the City, or with the consent of the City. Section 31-162. Standards for Location of Newsracks on Public Property. a. A newsrack may be located on public property only in such place and manner that it does not cause any obstruction to the public's free and unobstructed use of such property, or impede the free flow of pedestrian or vehicular traffic in or out of a building. Specifically, no newsrack i may be placed, used, installed or maintained: . (1) Within five (5) feet of any fire hydrant or other emergency facil- ity. (2) On any handicap access ramp. i (3) Within five (5) feet of the intersection of any driveway, alley, or street. (4) Within two hundred fifty (250) feet of another newspaper vending machine containing the same newspaper or news periodical. (5) At any location where the width of paved clear space in any direc- tion for the passageway of pedestrians is reduced to less than six (6) feet. (6) So as to occupy more than 25 percent of the width of the sidewalk. (7) At tngabutting ng hich interferes with or impedes access to any buildipubli b. A newsrack on public street right-of-way shall only be placed either (i) not more than one foot back from the face of the curb, or (ii) riot more than six inches from a public utility pole or a traffic sign pole located near the curb, or (iii) parallel to the wall of a building and not more than six inches from the wall. A newsrack located near the curb shall be placed so that the opening through which newspapers or news periodicals are dispensed does not face the curb line. c. No newsrack shall exceed fifty (50) inches in height and two (2) feet in width or depth. 113 z 4 Ordinance No. Page 3 Section 31-163. Apo,!iCE' o, - Generally. a. An application for a newsrack permit, containing the inforration required by the terms of this A,ticle, may be filed with the City Clerk by any person, group, firm, or organization desiring to locate a newsrack on public property. An application may include all newsracks the applicant wishes to locate on public property, but a separate permit shall be issue"_ for each such device. b. Applications for the original issuance of newsrack permits for newsracks currently located on public property shall be filed within sixty (60) days of the effective date of this ordinance. Applications for addi- tional or new permits may be filed at any time. All applications shall be in such number of copies and in such form as may be prescribed by the City Clerk, and shall be accompanied by the required fee. Section 31-164 Application - Contents. The application form for newspaper vending machine permits shall, in addition to such other information as the City Clerk may deem necessary, contain the following information: a. Name, address and telephone number of the applicant. b. The name, address and telephone number of a responsible person whom the City may notify or contact at any time concerning the newsrack. c. A site plan for each location at which the applicant desires to locate each newsrack. d. Sufficient information to show compliance with Section 31-162. i e. A statement that the applicant shall indemnify, defend and hold harmless the City from and against all claims for damages which in any wey relate to or arise from the use or location of a newspaper vending machine on public property. Section 31-165. Fees. The City Council shall, from time to time, set the amount of the permit fee. The to processing amount of such lic tions andllbe i issuinged permits,on the inspecting expenses enforcing this Article, w* responding to complaints. The fee shall be ten dollars ($10.00) per machine per location per annum. Section 31-166. Issuance of Permit. Following receipt of properly completed applications and fees, the City Clerk fshall orth in Sections31e162Pe Suchermit for each permits shallrack be inethe�formeoftanardset decals with adhesive backing, and shall be displayed on each machine. 113 �z ordinance No. Page 4 Section 31-167. Ratu'e and Scope of Permit. A newsrack permit shall be revocable for cause. It shall not constitute property n_r be subject to attachment and execution, nor be alienable or assignable. A permit shall only relate to the location for which it is issued. A newsrack for which a permit has been issued hereunder may be moved to anothe- location on public property, without a new application and fee, provided the new location meets the requirements of this Article, and further provided a site plan showing the exact new location is filed with the City Clerk no later than the next business day of the City after the move. Section 31-168. Term of Permit. Newsrack permits shall be valid for a period of one year from the date of issuance. Absent a material change of circumstances relating to a machine, permits shall be automatically renewable upon payment of the applicable fee. Section 31-169. Denial or Revocation of Permits - Grounds, Effect. The City Clerk shall make the initial determination as to whether a newsrack permit she'l be denied or revoked, for any of the following reasons: 1. Misrep-esentation of any material fact in the permit application, 2. If the location of a newsrack, in fact, obstructs the public's use of the right-of-way. 3, If the newsrack does not meet the standards set forth in Section 31-162. Section 31-170. Notices and Effect of Denial Revocation or Non -Renewal of Notice of action denying or revoking a permit shall be mailed, postage prepaid, addressed to the permittee at the address shown in the permittee's application, and shall be deemed to have been received three (3) days after the date of mailing. If an original appplication for a permit for a newsrack currently located on public property is denied, or if a newsrack permit is revoked, the owner of such newsrack shall have seven (7) days from the date of receipt of notice of the action denying or revoking such permit within which to remove such newsrack from public property. Further, any newsrack for which a permit is not renewed by the owner shall be removed from public property no later than seven (7) days after expiration of the permit. If the newsrack is not removed within such seven (7) day period, the City may remove it and assess the cost of such removal against the owner of the newsrack. However, no newsrack may be removed while an appeal is pending under Section 31-171. Section 31-171. Appeal and Hearing. The right to a hearing before the City Manager shall be afforded to a newsrack permit applicant whose application is denied, in whole or in part, or to a permittee whose permit is revoked. Any applicant or permittee who is aggrieved by a decision denying or revoking a newsrack permit may, within //3 S/ Ordinance No. Page 5 seven (71 Gays 'of such decision, request, and shall be granted, a permit hearing which shall be conducted in the manner provided in Section 2-186 of the City Co -!e of Ordinances. SECTION III. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION IV. SEVERABILITY: If any section, provision or part of the Ordi- nance shall e adjudged o be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional. SECTION V. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approve a publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK 113 � 9 TY RE CE I V E 0 DEC 3 1987 ���ESS=CITIZEN Mary Paris Sher 319 E. Wmhington St. Po Box 2480 Iowa Gly. IA Sn" (319pr.3181 ma w PUN" December 1, 1987 Mr. Steve Atkins City Manager Civic Center 402 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Atkins: I would like to suggest that the enclosed "Proposal for Voluntary Action Regarding Newspaper Vending Machines" will be a more satisfactory alternative than the proposed newsrack ordinance for Iowa City. Your ordinance would establish a complex system of restric- tions on the distribution of newspapers through vending machines and would apply to the many newspaper vending machines located throughout Iowa City. The ordinance poses serious practical and legal problems and would put the newspapers and distributors in a confrontational posture with the city government. We believe that these problems can be avoided and that a constitutionally difficult ordinance regulating all newspaper vending machines is not needed to address your concerns. Instead, we propose to take action on a voluntary basis to address the city government's concerns about newspaper vending machines. In addition, the Press -Citizen is willing to encourage and cooperate with other newspapess n adopting similar proposals. -- we resolve problems with the newsrack locations on a case-by-case basis; -- we "t up a prompt complaint mechanism; -- we provide the City with a statement of indemnification; -- we assess the desirability of installing uniform modular newsracks in the business district. We would like to point out that, even without the proposed ordinance, the police department has the power, properly exercised, to act immediately if a newsrack presents a clear and present wt 113 � Page 2 danger to pedestrian or vehicular traffic. Naturally, we are concerned that this power not be abused, and that our constitu- tional rights be protected by the requirements of due process of law. However, if for example a newspaper vending machine has been pushed from the sidewalk into the street, has been moved into a handicap curb cut, or has blocked access to a fire hydrant, the police are able to act to remove the machine so that it no longer presents a danger. when the police contact us and tell us that a machine presents this type of problem, we respond as soon as we know about it. In conclusion, we are confident that our approach will succeed in addressing the city's concerns. We would like to suggest an additional consideration. At the sight of vending machines dispensing dozens of different newspapers, it is easy to be drawn to the view that the machines represent just another for-profit vendor, taking up valuable space on the city sidewalks. But the face of Iowa City would be sadly changed if the newspaper machines -- a product of the freedom, pluralism, and diversity of viewpoints that is the envy of the world -- were not there. It is an essential characteristic of our system that the press is explicitly cited for protection in the Constitution, and this protection extends to the distribution of newspapers through vending machines. Especially in light of this protection, we are commited to behaving in a responsible manner that respects the needs of everyone else as well. We are glad to answer any questions and we look forward to working with you and the City Council. Sincerely, 1. A' -,Mar arks Stier MPS/gb Enc 1. cc: Charlie Edwards Publisher Des Moines Register John M. Miksich Circulation Director Des Moines Register N Proposal for Voluntary Action Regarding Newspaper Vending Machines The Iowa City Press -Citizen submits this proposal for volun- tary action as an alternative to the proposed newsrack ordinance for Iowa City, Iowa. I. Improvement of problem locations: Problems may arise at particular street corners or other locations concerning placement of newspaper vending machines, including such specific matters as the location of machines in relation to pedestrian traffic and in relation to building entrances and the like. We believe that such problems can and should be resolved on a case-by-case basis. We are prepared to respond promptly to problems identified to us by any city government office, by the police, by a neighborhood group, or by an individual citizen. 2. Establishment of a complaint mechanism: In order to solve I in an efficient manner problems at particular street corners or any other problems, we are glad to provide the name and telephone number of the appropriate contact person at the Press -Citizen to the City Council, to any government office, or to any other group or individual who wants it and to provide each of our newspaper vending machines with a label identifying the machine and providing a telephone number to call with any complaints. We have reminded and will continue to remind the people who actually deliver the newspapers to the machines that we are committed to the operation of clean machines with well-maintained coin mechanisms that are free of litter. //3� 9 - z - In addition, we are willing to cooperate with other newspapers and distributors including the Des Moines Register, USA TODAY, and any others willing to set up appropriate complaint pre- cedures. 3. Provision of statement of indemnification: The Press -Citi- zen will arrange to provide the Iowa City government with an indemnification statement covering newspaper vending machines, so that someone other than the government will bear any costs for personal injury or property damage that may involve the machines. 4. Uniform Modular Newsracks in the Central Business Dis- trict: The Press -Citizen will cooperate with the city government in assessing the desirability and practicality of installing uniform modular newsracks in the Central Business District. Respectfully submitted, Mary P s tier The I C tv Press -Citizen 113 - 9 'AECEI'.-' OCT 151981 uw oepaMWt October 13, 1987 Mr. Steven Atkins City Manager Civic Center 402 E. Washington Street Iowa City, Iowa 52240 Dear Mr. Atkins: Mary Parke Stier of the Iowa City Press -Citizen has asked for our help in responding to the concerns of the City Counsel regarding the placement of newspaper vending machines ("newsracks") in the business district. Along those lines, Mary sent us a copy of the proposed City ordinance as well as the legal memorandum prepared by Mr. Richard Boyle of the City Attorney's office. First of all, let me indicate that we appreciate your concern to maintain the ambiance of the downtown area and to regulate the growing number of newsracks. It was apparent from reading Mr. Boyle'm memorandum that the City is attempting to accomplish theme objectives while staying within the boundaries of some very complex constitutional requirements. It in a great relief to find a city attorney who understands this area well. In the past, we have dealt with many cities that have attempted to achieve similar objectives, but who have chosen to ignore the constitutional implications of their actions. By way of response to Mr. Boyle's memorandum, let me underscore his conclusion that "the right to publish is meaningless if the right to distribute in curtailed." It is for this reason that every case which has considered the application of constitutional rights to newsracks, newsracks were afforded full constitutional protection. That is not to say that newsracks may not be regulated at all, but it does mean that those regulations must comport with constitutional protections. Given the complexity of drafting a city ordinance that satisfies your objectives, and yet does not infringe upon the First Amendment rights of newspaper publishers and distributors, I wonder if your concerns might not be met more easily by the voluntary cooperation of newspaper distributors. For example, we are willing to discuss the possibility of using uniform newsracks in the specially improved downtown area as a means of preserving the ambiance of that area. Furthermore, we are amenable to any suggestions regarding the grouping of newsracks or any other 1100 W%O ewe. ArkgWn, VA 22 20 8 703/284-M Masnp oddnaa; ROAM 7888, WYsiglon, OC 2oo44 Mr. Steve Atkins October 13, 1987 Page Two changes that we could make voluntarily without the City having to resort to a newerack ordinance. Voluntary cooperation between the City and newspaper distributors allows all of us to accomplish our objectives without having to go through the time and expense that would be necessary in order to put a constitutional newerack ordinance into place. It also frees the City from being in the business of purchasing and servicing neweracks, a venture we are better equipped to handle. A newerack ordinance is also unnecessary in terms of public safety and convenience. For example, if a newerack presents a clear and immediate danger to pedestrian or vehicular traffic, Iowa City police already have the power to move the newerack out of danger's way. Of course, that power is limited and care should be taken that it is not abused, but obviously we don't want to present a danger to anyone. If, on the other hand, the newerack is inappropriately placed, too close to a fire hydrant for example, Mary would appreciate a call from you identifying the problem and requesting a change. To summarize, our only objective in to distribute the Press -Citizen effectively. We do not intend to cause any confrontation or initiate any unnecessary litigation. To the extent possible, consistent with effective distribution practices, the Press -Citizen will attempt to resolve all of the City's concerns regarding neweracks. Please feel free to contact Mary or me should you have any questions or suggestions. Very truly gyours, `� r� L�F'1( CJS G�Ca�ai Alice Neff Lucan Assistant General Counsel 113SZ City of Iowa City MEMORANDUM Date: September 28, 1987 To: Mayor and City Council From: Craig Welt, Chairman, Design Review Committee Banks of Newspaper Dispensers for Iowa City C This meso is prepared for Council consideration during discussion of the Legal Department's recent report on the regulation of newsracks on public property. HISTORY OF DESIGN REVIEW COMMITTEE CONSIDERATION In 1981 the City Manager asked the Design Review Committee to suggest guide- lines governing newspaper dispensers on City Plaza. The DRC reviewed avail- able modular styles of dispensers and recommended the size and location of several units within the Plaza area. City staff addressed the mechanics of purchase, lease and maintenance. In 1985 the Committee reviewed the draft ordinance then being considered to regulate newspaper vending machines on public property. The members reaf- firmed their previous recommendations regarding banks of dispensers in the Plaza area, but also recommended that within the Central Business District (bounded generally by Mow Avenue, Linn Street, Burlington Street, and South Capitol Street or Madison Street) newspaper vending should be confined to specific locations, selected in consultation with newspaper distributors, with banks of newspaper dispensers provided by the City. The Committee also recommended that the City assure the upkeep of these units in the downtown. At its September 1987 meeting the DRC discussed the recent Legal Department within the CBort and Dain be uniform and grouped tended that ogether ins appropriate locations. PRESENT PRESENT LOCATIONS OF NENSPAPER DISPENSERS IN THE Wjff 01 On September 11,yy1987, a survey of newsracks located in the CBD was taken to sultseofh theupdateishis same attached. Aiconparison ust Sof the two surveys the re - reveals that there has been an Uerease in the total number of newsracks, from 41 to 54, with minor changes in locations and the mix of newspapers. (NOTE: A survey of approximately the same area in October 1983 showed 20 newsracks.) A notable change since the 1985 survey is the addition of seven newsracks near the Plaza entrance to the Holiday Inn Hotel. Of the 54 newsracks counted in 1987, a few may be on private property. These could be several of those located at the northeast corner of Old Capitol Center and at the entrance to the Holiday Inn. 1135 z COHEIRS ON DRAFI.ORDINANCE The present draft ordinance would not require newsracks within the CBD to be clustered in modular units at selected locations. It does, however, allow the Plaza area to be governed by the existing regulations (i.e., the City will make available, at a reasonable cost, space in the City -owned newspaper dispenser units on City Plaza). The DRC urges the City Council to consider the Committee's previous and continuing recommendation that newspaper vending on public property within the CBD be limited to specific locations, selected in consultation with newspaper distributors and chosen to reduce clutter, avoid obstruction of public access and still provide ample opportunity for the distribution of newspapers within Iowa City's downtown. The Committee remains ready to work with the Council and newspaper distributors to investigate the types of modular units available and their placement in the C8D. bjl/6 WSJ C. MYT ICPC LOCATION OF NEWSPAPER DISPENSERS UNIVERSITY E 11 OF IOWA PENTACREST OWNTOWN NA CITY, IOVYA F�800 Ere �J ; ICPC CRC ` f CRG CT USA DI MYT DI QCT DSR USA 84 * WS � wsJ Inc C.' AD9 Public I Library I r USA LA � ICPC CSM 4(06 CRG DI D.%m Cao t WSJ ICPCB king uoueue t USA CT irking Rawo � �—•I USA ICPC f—'I f—� r1 r� ADV J• (1) CRC Cedar a Cadar Rapipi ds Gazette (4) ICPC Iowa City Press -Citizen (11) CSM—Christian Science Monitor (1) NYT - Now York Times (3) CT m Chicago Tribune (5) QCT - Quad City Times (2) DMR w Des Moines Register (7) RSA - USA Today (11) WSJ . Wall Street Journal (5) *Attached to public nitv 9/11/87 ll3i4 r - Car,-, v k rI — 11Lt� ouC ! r c OarYwrCuDM. OL LOCATION OF NEWSPAPER DISP[M RE S DMR SD WSJ C: NYT ICPC CRG T -D DI NYT DMR USA USJ IC?C USA CSM DI D!SR WS! IC -C I UNIVERSITY OF IOWA PENTACREST (TOWN 1 80 CITY, IOWA 84 v i N r V) o Cao1Q t N r4 inn U uSA Iowa CRC Washington Street T . I r Public Library 1 Burlington Street g� i $ -1q ADV + Advertiser (1) (Il CRG - Cedar Rapids Gazette (4) (S) CSM --Christian Science Monitor (1)(1) CT - Chicago Tribune (5) (4) D}?1 - Des Moines Register (7)(9) DI = Daily Iowan (n) (4) Qr I J 'Ramo *DMR GPG "K ICPC MD 1CRG NYT CT USA DI QCT CRG USA ICPC xd : ravESToas Datty (4) ICPC - Iowa City Press -Citizen NYT - New York T'..:es (3) M-) QCT - Quad City Times (2)(3) 1.SA - USA T_odav (11) (I1) I43J - Wall Street Journal (5) 1983 7-O7'AL =o'(Q &O/B3) *At:tac'-ed tc pub1ic a=F.nity !9 &9 7oML = Sy (9/87) 1905 Tor»L ='iy (9/d8) 9 City of Iowa City MEMORANDUM Date: July 22, 1988 To: City Council From: City Manager Re: Iowa Electric I recently had a conversation with representatives of the top level management at Iowa Electric. They were very concerned about how they handled the Johnson County Host Plan. I provided them with a candid assessment and they assured me they would do their best to improve communications with the City. I also suggested to them that it may be. desirable for them to more frequently communicate activities of their company. It was recognized that they do not provide service to Iowa City residents; however, they do have transmission lines which traverse the city. They are also very actively involved in economic development and any inroads we might make in building that relationship could be beneficial. In response to my request, they have provided a copy of their annual report and asked that it be distributed to members of the Council. They also indicated that they would make an effort to provide additional general information about the company and keep the city advised. bj/pc2 115s- 9 ' A L R E P O R T 3 110 UT I'll 1: COMPANY IE Industries was formed on July 1, 1986. Its principal subsidiary is Iowa Electric Light and Power Company. The other subsidiaries include the Cedar Rapids and Iowa City Railway Company, Industrial Energy Applications, Inc., and IEI Container Services Corp., formed in 1987. IE Industries also has a 27 percent equity interest in Teleconnect Company. Iowa Electric, in its 106th year of operation, remains the primary source of revenue and earnings for the holding company. Iowa Electric provides electric, natural gas, and steam energy for about 275,000 residential, commercial, and industrial customers in over 400 communities in Iowa and a few communities in Nebraska. //.3s 9 1 98 7 III (i II L I (i IIT S Operating revenues (000's) ..................... Net income (000's) ............................ Earnings per average common share ............. Dividends declared per common share ........... Construction expenditures (000's) ............... Funds provided internally (000's) ............... Sales of electricity to customers (Kwh) (0001s) .... Total gas delivered to customers (dekatherms)(000's)......................... Number of common shareholders ............... Number of full-time employees ................. 1 9 8 7 A N N U 1987 10A $ 412,778 $ 429,245 $(16,467) (4) $ 34,076 $ 28,536 $ 5,540 19 $ 2.48 $ 2.13 $ .35 16 $ 1.99 $ 1.95 $ ,04 2 $ 52,887 $ 42,618 $ 10,269 24 $ 34,042 $ 48,863 $(14,821) (30) 4,418,005 4,344,324 73,681 2 27,291 30,513 (3,222) (11) 27,414 29,869 (2,455) (8) 1,591 1,551 40 3 QUARTERLY HIGH, LOW AND CLOSING PRICES OF COMMON STOCK (DOLLARS) COMMON STOCK Qiwrtmly common stock dividends of $.495 and $.485 were paid by the Company during 1987 and 1986, respectively. The Company's common stock is traded on the Netv Ymk Stock Exchange. The accompanying chart shows the range of trading pri= fm the last nao years. 264 244 25 24% 244 24 .. -- 2315 �,�q 23 234 19% 1987 ItiNh ch.inc 0 bmv 24% 244 I A L V 9 R E P O R T IE Industries Inc. (Industries) was formed in July, 1986, to accelerate diversification outside the utility business. Principal subsidiary, Iowa Electric Light and Power Company (Iowa Electric), provides electric, natural gas and steam energy to about 275,000 residential, commercial and industrial customers in more than 400 communities, primarily in Iowa. Diversified businesses include: • Teleconnett Company. IE Industries holds a 27 percent equity interest in this fast-growing telecommunications company. • Cedar Rapids and louvt City Railway Cmnpany (CRANDIC). This wholly-owned subsidiary is well positioned for increased rail traffic and profitable growth. • IEl Container Services Corp. Our newest venture cleans, repairs, and paints railroad cars with state- of-the-art technology. It is a promising, natural adjunct to our transportation business. • Indsutrial Energy Applications, Inc. IEA owns and operates standby generating units. Its joint venture subsidiary, EnDYNA Power Corp., is positioned for significant penetration into the national cogeneration market. Diversification Guidelines • Investments should have the potential of earning a return on equity in excess of that allowed by the utility business, • Investments should feature strong management teams. • IE Industries wants to be actively involved in the business strategy of the ventures, not merely accumulating a portfolio of passive investments. • Synergistic investments are targets, including telecommunications, transportation -related areas and businesses complementary with the electric, gats, and steam operations. A T F I R S T G L A N C E • Investments will preferably impact positively on Iowa's economy and, therefore, on our core business. • IE Industries will avoid capital intensive investments that will dilute its basic earnings power. Long-term Strategy • Utility Price Increases. Increases, on a cumulative basis, should be less than the rate of inflation to maintain and improve our competitive position. Cost containment and demand-side load management will contribute to the attainment of this goal. • Gas and Steam Operations. The gas and steam operations will continue to be aggressively managed to take advantage of opportunities created in these rapidly changing markets. Expansion possibilities will be pursued in both markets. • Marketing and Economic Development Program. Concerted efforts to expand existing businesses and to attract new businesses to our service area will strengthen the core business. • Diversification Effort. IE Industries aims for a significant earnings contribution from diversified businesses, with a target of 50 percent of corporate profits coming from the diversified enterprises within 10 years. • Dividend Policy. The level of dividend increases in the future will reflect not only the performance of the core utility business, but also the opportunities and successes of the diversified businesses. • Higher Stock Valise. Successful implementation of this strategy should, over the long term, increase shareholder value. 5 1139- CIf AI R %IAN''S L E T T E R DEARSHAREHOLDER: It was a good year in 19871 • Electric sales continued to increase, with 4 percent growth for major manufacturers. • Diversified investments posted significant gains, contributing 14 percent of total earnings compared to 11.5 percent in 1986. • Earnings rose from $2.13 to $2.48 per share. • IE Industries' stock price outperformed 92 of the 101 utilities listed on the New York Stock Exchange. • The economy in Iowa showed marked improvement. The theme of this year's annual report, "Serving the Future with a New Energy," was carefully selected and conveys an important dual message: • It reflects a concerted program of proactive management and aggressive marketing of our utility businesses. These businesses will have a strong competitive orientation, strategically seeking growth opportunities in a changing energy market. • It reflects a well -conceived diversification program designed to achieve returns greater than those in our traditional regulated business. This requires us to focus on synergistic diversification opportunities with strong management teams. We have completed the first full year of operation in the holding company, and we are encouraged by the progress made in our diversified businesses. Teleconnect Company's earnings increased dramatically and the Cedar Rapids and Iowa City Railway Company continued to post strong earnings. Other business development also took place in 1987 at a targeted pace. IEI Container Services Corp., a Cedar Rapids based wholly-owned subsidiary, became operational, offering a broad range of services in rail car cleaning and repair. A new business plan has been developed and implemented for Industrial Energy Applications, Inc. Its goal is to expand the operation from local standby generators to the national cogeneration market, through a new joint venture with Brown Engineering Company. We arc also pleased with our investment in Teleconnect Company, one of the fastest-growing telecommunications companies In the nation. Our 1 9 6 7 A N N U additional $2 million investment in 1987 enables us to retain our position as its largest shareholder with a 27 percent equity interest. The actions taken in business expansion followed a well-defined strategic plan with a goal to generate half of our earnings from non-utility businesses in ten years. We have made substantial progress in 1987, and we are prepared to make additional financial commitments on an annual basis in future years. As we implement this long-range corporate strategy, we recognize that our utility business must remain strong, competitive, and financially healthy. The results of the cost containment efforts over the past three years have helped us in stabilizing energy prices. We plan to continue with a disciplined cost containment program to help us maintain our competitive position at the market place. Cost control is essential to our success, but responsiveness to customers is equally important. Our state-of-the-art Customer Service Center now centralizes all service calls 24 hours a day. Field operation has also been streamlined with well- qualified service personnel at 18 commercial offices. Electronic meter reading was implemented to speed up the billing process with higher accuracy and lower costs. Management information systems, particularly useful for budget control and communication networking, provide state-of-the-art tools for employees to make appropriate decisions. The core utility business will not succeed through cost containment alone. Our business plan also includes an aggressive strategy to increase sales. The major ingredients for success are now in place: prices are fully cost -based; marketing programs focus on opportunities and customer responsiveness; economic development initiatives are intensifying. Success is evident! Some 3,000 jobs in our service territory have been created or retained. Encouraging results are pouring in from many cities in our service territory. Electric sales have increased at two to three percent for the last two years, with the major industrial customers setting the pace at four percent. The economy in Iowa is also recovering. Agricultural sector indicators show substantial improvement. Land prices were up 11 percent in 1987 reflecting optimism in the future of farming. Commodity prices for grains have improved A L H L P 0 R T I significantly. Prospects for grain exports are good with the weaker dollar in international markets. For the state as a whole, real personal income increased in both 1986 and 1987, after two years of decline. Non-farm employment increased about 2.7 percent, led by manufacturing, up 4.8 percent, and construction, up 7.6 percent. The Board of Directors raised the common stock dividend to $2.02 per share, up from $1.98 per share a year ago. This is the 12th consecutive year of dividend increases. We hope the dividends will continue to increase in future years, however, we believe future dividends will be determined not only by performance of the core utility business but also by the results of our diversification program. Our stock continues to be attractive to many investors. In 1987, of 101 utilities on the New York Stock Exchange, IE Industries ranked ninth for stock price performance. Our stock price reached a high for the year at $27% per share, just a fraction below our 21 -year high of $273/+, which was recorded in 1986. During the year, the Iowa Electric Board of Directors named three new officers: Richard W. McGaughy as Vice President, Production; Harold W. Rehrauer as Vice President, Engineering; and Thomas R. Seldon as Vice President, Human Resources. Dr. Samuel J. Tuthill, Senior Vice President, Technical Services, retired after having served the company with distinction for the past ten years. Effective February, 1988, Walter E. Brown, President of Kiowa Corp., retired from the Board of Directors and was named Director Emeritus. We are grateful for his years of dedicated service on the Board. Replacing Mr. Brown is Dr. George Daly, Dean of the College of Business Administration at The University of Iowa. We are committed to the aggressive, but prudent, growth of IE Industries. Our goals are to strengthen the core business and to become significantly more diversified. We have made significant progress in both areas. With a dedicated work force and continuing support from our shareholders, we look forward to another year of progress in 1988. Sincerely, Lee Liu 7 /1.35 1'RAR I\ ItL'V11:W FINANCIAL RESULTS The economic climate of our service territory continues to improve. Reflecting that recovery, kilowatt-hour sales volumes from our principal subsidiary, Iowa Electric Light and Power Company, increased about 2 percent. Many manufacturing facilities in our area are operating at high capacity levels, signaling continued growth in 1988. Net income in 1987 rose to $34.1 million from $28.5 million the year before. Earnings per share also increased, to $2.48 from $2.13. Earnings benefited by $0.34 per share from the effects of cermin accounting changes. On the other hand, earnings were reduced by a one-time $3.6 million write-off of financing costs on a canceled coal plant. The return on average common stock equity increased to 13.6 percent in 1987. For the 12th consecutive year, the cash dividend was increased. Construction expenditures last year totaled $52,9 million, with internal funds providing 65 percent. We project construction spending this year to be approximately $53 million, with 70 percent of the funds generated internally. These levels should decline to about $47 million in 1989, and remain relatively stable into the early 1990s. Construction expenditures, for the most part, will be funded internally during the 1989 to 1992 period. CORPORATE COMMITMENTS Customers. The automated Customer Service Center made significant progress during 1987. It now handles all customer calls throughout the operating territory. Our aim is to be even more responsive to customers' needs, improving the value of the service provided to them. Customers can call toll-free, 24 hours a day, for any business, including routine service hook-ups, bill inquiries, and outage reports. Consultants are trained to answer a wide variety of questions on issues ranging from energy usage to pricing policy to general information about the Company. We can point to several examples of our commitment to customers. In July, Iowa Electric conducted a survey to identify better ways to communicate with customers. As a result, we have Incorporated new, more effective communication tools, including monthly customer newsletters, The survey also provided feedback on customer attitudes 8 1 9 8 7 A N N U and opinions about Iowa Electric. The survey indicated that our customers generally give us high marks for service. Seminars were conducted for large commercial and industrial electric and gas customers on topics such as electrical surge protection and transportation of gas. The Marketing Department developed a program of regular contacts with industrial customers to provide a feedback mechanism and to identify profitable sales opportunities. Employees. Throughout the Company, employees participate in the planning and goal -setting process. Task forces are formed periodically to deal with major issues facing the Company. In 1987, the employee suggestion program generated 150 suggestions for cost saving measures. Monetary awards are given to employees who provide suggestions that are implemented. Employees should be rewarded based on the performance of the Company. In 1987, the implemented a 401(k) savings plan, which rewards employees based on the Company's attainment of predetermined goals. Seventy-five percent of our employees are participating in the plan in 1988. Communities. Economic development activities encompass the entire service territory. Our slogan is "IE Means Business." We think we do. List year, 65 firms successfully located or expanded operations in our market area with our assistance. For example, Eastman Kodak announced it will build a $50 million biotechnology center in Cedar Rapids. Party Pac Popcorn increased is workforce in Marshalltown by moving product lines from Greenville, North Carolina. Rockwell International moved an automotive plant from Michigan to Fairfield, Iowa, bringing 140 jobs to that community. The positive pace continues this year. In February, Swift Independent Packing Co. announced a doubling of is pork processing plant in Marshalltown, creating 600 new jobs. To enhance these efforts, Iowa Electric Is linking Is Sales and Business Development Department via computer with community organizations within the service area. The computer system lists available buildings and sites for new business development. Our community efforts are not restricted to economic development. To answer another community need, Iowa Electric became the first A I. N li 1' u N 'I' utility in Iowa to participate in the "Gatekeeper" program. This project, sponsored by mental health and senior citizen agencies, is targeted specifically at problems of the elderly or mentally handicapped. Meter readers and linemen are trained to report anything that looks suspicious to the authorities, so assistance can be provided. Shareholders. As always, we recogni:e it is our responsibility to maximix shareholder value. The primary purpose of our diversification efforts is to register higher returns than from the utility business. In 1987, Industries' stock outperformed all but 8 out of 101 utilities on the New York Stock Exchange, reflecting investor expectations of this company, IOWA ELECTRIC LIGHT AND POWER COMPANY Iowa Electric Light and Power Company is the principal subsidiary of IE Industries. Iowa Electric provides electric, natural gas and steam energy to about 275,000 customers, located primarily in Iowa. Our generation mix remains well balanced. In 1987, fossil units represented 63 percent of generating and purchased power capacity; nuclear, 37 percent. Our pipeline suppliers for natural gas are Northern Natural Gas Company, Natural Gas Pipeline Company of America, and ANR Pipeline Company. Iowa Electric has consistently stressed demand- side load management, earning recognition as a national leader in time -of -day and interruptible service pricing. More than 90 percent of industrial sales are on time -of -day pricing. Over 10 percent of our peak load is interruptible. We also have implemented a seasonal pricing policy. These three programs have produced a total load savings in the ELECTRIC CAPABILITY AND SYSTEM PEAK LOAD lotto Electrpa's 1987 peak load of 978,322 kilmmits ocnmed M July 30. Its additional reserve obligation was 146,748 kilmauts. Availablegem+sting capability at that time was 1,oi9,65o kilowates, supplemented by go,coo kilmmus of purchased capability. In thommit of kilouaas •Capability—Pureh.,q ■summa pwah • Capabilhy—Gennanwt 13 whucr pent, 1 9 8 7 A N N U 150 to 200 megawatt range, equivalent to plant expansion costing in excess of $200 million. Because of these and other efforts, we do not see the need for the construction of major generating facilities within the next decade. This will keep our capital requirements relatively modest. ELECTRIC OPERATIONS Electric revenues rose in 1987 to $303.5 million, from $285.4 million in 1986. These figures reflect higher sales volumes and the impact of the 1986 electric rate increase for the entire year of 1987. In April, 1987, our first electric rate case in three years was decided. We had sought an increase of $43.9 million and were awarded $25.1 million. Significantly, the received favorable treatment on two key issues. First, the Iowa Utilities Board permitted recovery of buy out costs for two coal contracts canceled in 1984 and 1985. Second, the Board also allowed partial recovery of costs associated with canceling a major coal-fired plant in Guthrie County. Even with price increases, cost control measures have allowed electric pricing to lag behind increases in the Consumer Price Index since 1983. This is a significant accomplishment. Our longer-term goal is even more aggressive. In order to remain competitive, we plan to keep cumulative price increases to no more than 50 percent of the inflation rate, while still maintaining our desired earnings level. The gain in kilowatt-hour sales in almost all customer categories last year is n reflection of the growing strength of the Iowa economy. Industrial sales were up 3.1 percent; commercial, 2.2 percent; and residential, 1.4 percent. Our system capacity remains adequate to handle the increased sales. Our largest electric customer, Archer -Daniels - Midland, is constructing cogeneration facilities. While the ultimate impact is uncertain, it will marginally reduce electric profitability. GAS OPERATIONS In 1984, we decided to encourage major customers to purchase their own nntural gas for transportation through our system. If successful, this strategy would promote gas flow through the system, improve margins, and make the gas business even more competitive with other fuels. j A L R E P O R T The results of that strategy became apparent in 1987. Some customers switched to transportation services for their own gas. This, in addition to lower gas prices and mild weather, resulted in lower natural gas revenues for the year. However, the volumes either sold or transported, when adjusted for weather, actually increased for the first time in a decade. This gas strategy of focusing on volumes transported, rather than sales, is working. Major customers have a choice between conventional gas supplies and their own gas purchases. As a result, we are able to maintain and, in many cases, improve margins while providing choices and lower prices to many customers. The natural gas business is one that offers new challenges and opportunities. We are encouraged by the progress of our innovative gas transportation 18, SYSTEM business. We have in place an effective management organization, capable of achieving maximum profitability and results. This organization will be attentive to opportunities to expand these gas operations. Last year, we sold the Fairmont, Minnesota gas operation, which had only 4,500 customers and did not fit into our long-term growth plans. STEAM OPERATIONS We continue to identify and exploit opportunities with our Cedar Rapids steam business. As a result, profits continue to improve, primarily due to sales to new customers such as National Oats. Future committed customers include Eastman Kodak and its new biotechnology plant. Several major industrial firms are currently strong candidates for the profitable expansion of the steam business. /35 Ekrnic Commactal 0T— G= Cammadal O%fua �.s SI �Ey, -Y.; SPIRIT LAKE a4 Gas and Ekxtric , ::, r i� `' Comnw dal Office , *GARNER # .. ... - ,_.. 1=gib, Ekaric Gaaradng ?Al Plants IF�ati a 1 r' Y4 )Y" STORM LAKE IOW .FALLS ;�r'�, : ® • , MANCHESTER ttit, fY MAQUOKETA _ PALO ® WALTHILL l JEFFERSON• MARSHALLTOWN ®, ®�®- DEWITT NEBRASKA + ® AME CEDAR RAPIDS J.N MUSCATINE •ATLANTIC KNOXVILLE: .y# c Q�t CRESTON • FAIRFIELD ,F ... .. . ' v:.. /35 1) 1 0 li H S 11' 1 1: 1) BI S I\ FSS I's TELECONNE(T COMPANY Teleconnect is undoubtedly our most exciting investment. We hold a 27 percent equity interest in this highly innovative telecommunications company. IE Industries has two seats on the Teleconnect Board of Directors. Teleconnect, which is headquartered in Cedar Rapids, has been cited by Inc. magazine for three consecutive years as one of the nation's fastest growing private companies. Its track record is impressive. The company began in 1980 with three people primarily selling telephone systems. In 1982, the company began providing longdistnnce services. The next year, a telemarketing operation was launched. In 1985, Teleconnect designed and marketed its own phone system. A year later, it published its first telephone directory. Effective marketing skills have made Teleconnect a leader in several growth areas, including fiber oprics. It is fast becoming a major player in this attractive field. Through its fiber optic network, Teleconnect has entered selected national markets 1 9 x- A F 8 I from Pittsburgh to Los Angeles and from Minneapolis to Dallas. Teleconnect's digital network allows customers to communicate clearly from coast to coast. In fact, Teleconnect has a higher percentage of calls on digital facilities than any other long-distance company. The network is continually expanding to provide even better service. Employment currently exceeds 1,700. Plans are to expand that number considerably in 1988, mainly in the Cedar Rapids area. CEDAR RAPIDS AND IOCVA CITY RAILWAY COMPANY Our rail subsidiary, CRANDIC, has been an excellent investment. In recent years, we have achieved sizable increases in both line -haul and switching revenues. Importantly, CRANDIC is solidly in the black, with strong net margins. Over the past five years, revenues have grown from $7.5 million to $10.3 million in 1987, while earnings were up 50 percent, from $2.0 million to $3.0 million. A L R E P 0 R T The railroad's success is due to its strategic location and to the growth of area industry. Unquestionably, the continuing expansion of food processors in our service territory bodes well for CRANDIC's long-term prospects. Last year, the railroad improved the rail line to Amana, Iowa, and began operations on that line. This opened new avenues for the transport of coal, limestone and raw materials for manufacturing. CRANDIC's outlook for 1988 is healthy. The railroad should have another excellent year, aided by new freight contracts and a steady increase in other traffic. IEI CONTAINER SERVICES CORP. Our newest subsidiary, IEI Container Services, is a natural extension of the transportation business. This highly automated operation, located in Cedar Rapids, washes and repairs railroad cars, specializing in sanitizing the insides of rail cars used to haul food and food products. Container Services has little j local competition. In fact, no company in the E Midwest can match the state-of-the-art technology used in cleaning cars and recovering waste. The high concentration of local grain and food processors should provide a strong market for the cleaning and repair business. Container Services should be profitable in 1988, an impressive start for a new business. INDUSTRIAL ENERGY APPLICATIONS, INC. Now over three years old, IEA is in the process of moving from the development stage. The subsidiary's initial focus has been installing and operating standby generating units. These standby facilities offer excellent cost reduction opportunities for large commercial and industrial customers, supplying low-cost capacity during times of interruption. Now, however, IEA is expanding its horizons. Through its joint venture subsidiary, EnDYNA Power Corp., IEA plans to compete in the cogeneration business nationwide. NET INCOME FROM MAJOR UNREGULATED INVESTMENTS The net income of Cedar Rapids and Inas City Railuuy Company and Telemnnect Company inauued 43% in 1987 to $4,700000. In thousands of,4dlnrs 11ANAGE%IENT'S DISCUSSION AND A\tALYS IS OF TII E RESULTS OF OPERATIONS A N D F I N A N C I A L C O N D I T I O N ELECTRIC SALES Electric sales Increased a% fTM 1986 to 4418,005,000 kilowatt-hours. Residential sales increased r% and coral sales dmeased 9%. Commercial sales increaser) 2% while indlutrial mleu inaeaserl3%. Sales for resale and other increased x%. The 5-Ywr historical average growth rate is a%. In million; of kitotmrt•hmns 3,500.,] 3,000 A Stria for rrwle w9 mhn ■ Conumrcial c Imhauial ■ Raidmdal and anal FUEL COST Coal prices decreased 9 percent in 1987 follauing a 24 percent decrease in both 1986 and 1985 as the result of the termination of tun long-term coal contracts. Per million 13114'1 em , �' CMI ^ Atr+age a Nudmr 1 9 8 7 A N N U The following discussion analyzes changes in the components of net income during the calendar years 1985 through 1987 for IE Industries and its whollyowned subsidiaries (the Company). RESULTS OF OPERATIONS The results of operations for 1987 were affected by two changes in accounting principles. In 1987, Iowa Electric began recording revenue for service rendered but unbilled at month-end. The cumulative effect as of January 1, 1987 of recording unbilled revenues was an increase in net income of $6,894,000. This change in method of accounting for revenues decreased 1987 electric operating revenues by $602,000 and increased 1987 gas operating revenues by $304,000. (See Consolidated Statements of Income.) In a 1987 Order issued by the Iowa Utilities Board (IUB) in connection with Iowa Electric's electric rate case, the IUB disallowed $5.2 million of allowance for funds used during construction which had been recorded for the cancelled Guthrie County generating station. The disallowed AFC, net of an amount reserved in prior years, was written -off and is reflected in "Interest expense and other • Miscellaneous, net," The Order did allow recovery of the remaining costs associated with cancelled projects, but without rate base treatment. In accordance with SFAS No. 90, Iowa Electric recorded an adjustment in 1987 of $2,347,000, net of income taxes, to discount the future revenues associated with such recoverable costs. Such amount is reflected in the Consolidated Statements of Income as a change in accounting principle. (See Comolldated Statements of Income.) Electric revenues changed due to the following factors: Electric Revenues Increase (Decrease) from Prior Year 1987 1986 1985 (in millions) Rate increases .......... $ 11.3 $ 103 $ — Recovery of fuel costs .... 3.4 (17.1) 1.7 Kwh sales and other ..... 3.3 0.6 _(7.6) Overall electric sales (in Kwh) ........ 1.796 3.6% (0.3)% As Indicated In the above table, electric revenues increased significantly during 1987 but decreased during both 1986 and 1985. The increase In 1987 was primarily due to an increase in electric rates. Increased rates were placed into effect In July, 1986 on an interim basis and May, 1987 on a final basis. Partially offsetting the 9 A L R E P O R T i i 1 i increase was an electric tariff decrease, effective July 1, 1987, filed with the IUB in order to reflect the effects of the Tax Reform Act of 1986. Iowa Electric has an electric energy adjustment clause (EAC) which is designed to currently recover the costs of fuel and the energy portion of purchased power in billings to customers. The primary reason for the decrease in 1986 revenues was the recovery of lower purchased power and fuel costs through the EAC, partially offset by the interim electric rate increase referred to above. Further contributing to the decline in revenues during 1986 and also in 1985 was the effect of an industrial price reduction in July, 1985 and the impact of customers changing to time—of—clay and interruptible rates. The 1985 decrease in electric revenues was also attributable to changes in sales mix. While overall sales of electricity decreased only 0.3% during 1985, revenues were adversely impacted by a shift in sales from residential and rural customers (at higher unit prices) to industrial customers (at lower unit prices). Gas revenues changed due to the following factors: Gas Revenues Increase (Decrease) from Prior Year 1987 1986 1985 (in millions) Rate increases ..........$ 0.5 $ 1.1 $ — Recovery of gas costs ... (29.6) (27.5) (5.4) Sales and other ........ (5.9) (3.4) (3.5) $(35.0) $(29.8) Overall gas sales (in therms)........... (23.4)% (12.1)% (2.0)% Iowa Electric's gas tariffs Include clauses designed to reflect changes in the cost of gas purchased for resale on a current basis. Gas revenues decreased for each of the three years primarily due to reductions in the cost of gas Purchased. Decreases in gas sales also contributed to the decrease In revenues. Gas margins (revenues less cost of gas purchased and the change in the PGA balance) were $20,224,000, $25,905,000 and $20,782,000 for the years 1987.1985, respectively. Mild weather had a significant Impact on the 1987 margin. In 1987, Iowa Electric transported gas for certain industrial customers who purchased their gas directly from pipeline suppliers. In most instances, the fees for transporting this gas maintained previous gas margins. The decrease in gas volumes was only 11% in 1987 when including these transported volumes, GAS SALES Gas sales in 1987 totaled 22,85 r,000 dekathems, a 23% detteav: from ;986. However, total tolumes delite ed, including transported volumes, wore 27,29t,000 dekatherms, an H% dcaeate from t986. Residential and commercial sale; both decreased t6%. Industrial sales decreased 38% but iruhstrial volumes delivered, including transported tulumes, decreased only i%. In nulhom of ddmthtmm v 'v r e'^ v 'fid �adyy✓,�y�K. r�ataj.�'y( n�td4�"iii'i!U?'P.�:Y:... Trmupuartd volume ■ Cmmnercial Imhairiul ■ Reddauiul YEAR-END CAPITALIZATION The Company's capitalization ratios for the last fits years are presem ed below. These ratios are consistent with the Company's long•temu capital structure objectites. in mdlwms of anorin -43. ;.......46 .. 'Connnoncquhy "Preftwedmullnefinmcermrk ■I.rmg•renndel,t 15 ��3s Fuel for production decreased during 1987 and 1986. Although the cost of coal decreased approximately $3,600,000 and $11,000,000 in 1987 and 1986, respectively, the decrease in 1987 was offset by the amortization of coal contract termination costs and increased use of fossil -fueled generation. The 1986 decrease was offset by increased usage of coal and nuclear fuel for generation. Purchased power costs increased during 1987 primarily as the result of energy purchases made during the refueling outage at the Duane Arnold Energy Center (DAEC) and decreased sales to other utilities. A reduction in the cost of capacity purchases under a long-term purchased power contract partially offset the other Items. Purchased power costs decreased in 1986 primarily due to decreases in energy purchases and increases in sales to other utilities. Cheaper fuel costs allowed Iowa Electric to generate more of its needs as well as to sell more power. Combined other operation and maintenance expenses increased during 1987 and 1985. Such increases resulted primarily from higher costs incurred at the DAEC during the refueling outage in both years. Also contributing to the increase In 1985 were increased costs associated with leasing generating facilities. Combined other operation and maintenance expenses decreased during 1986 because of cost control measures implemented by the Company and reduced costs at the DAEC. Partially offsetting such decreases were increases In Insurance premiums and computer equipment costs. Depredation expense decreased in 1987 primarily due to changing the estimated useful life of the DAEC from 28 to 36 years. This decrease was partially offset by the provision for decommissioning. Income from stock transactions of affiliate is explained in Note Ile) of the Notes to Consolidated Financial Statements. Changes in income taxes for the three years are primarily related to a 1987 reduction In the Federal statutory Income tax rate from 46% to 40% and changes in taxable income. See Note 3 for a detailed discussion of income tax matters, including a discussion of SFAS No. 96, Accounting for Income Taxes, released by the Financial Accounting Standards Board in December, 1987. LIQUIDITY AND CAPITAL RESOURCES The Company's liquidity Is affected principally by the utility's construction program, by capital requirements relating to maturing debt, reacquisition of securities and sinking fund requirements and by Its diversiflation activldes. The capital resources available to meet these requirements are funds from both internal generation and external financing. Internally generated funds depend on economic conditions and the adequacy of timely rate relief for Iowa Electric. Access to the long-term 1 9 8 7 A N N U and short-term capital and credit markets is necessary for obtaining funds externally. CONSTRUCTION PROGRAM The percentages of construction expenditures provided from internally generated funds were 65%, 100% and 72% for the years 1987.1985, respectively. Construction expenditures for 1988 are expected to approximate $53,000,000, with 70% of the funds expected to be internally generated. The levels of construction are expected to decline by 10% in 1989 and then remain relatively stable into the 1990's. It is estimated that substantially all construction will be funded with internally generated funds for the four year period 1989-1992. LONG-TERM FINANCING The Company will have $96,393,000 of total debt maturities and sinking fund requirements before 1993, including maturities of four First Mortgage Bond issues aggregating $81,790,000. Included in this amount is $35,000,000 relating to the Series V Bonds which mature April 1, 1988. In March, 1988, Iowa Electric plans to privately place a new First Mortgage Bond issue In the amount of $50,000,000. The proceeds will be used to retire the Series V Bonds and repay commercial paper. An additional issuance of First Mortgage Bonds is contemplated during the second half of 1988 depending on market conditions. Iowa Electric would use such proceeds to redeem certain high-cost securities prior to the stated maturity dates. The Indenture pursuant to which Iowa Elkaie's First Mortgage Bonds are Issued contains covenants restricting the amount of additional bonds which may be Issued thereunder. At December 31, 1987, the most restrictive limitations would have permitted Iowa Electric to Issue $107,000,000 of First Mortgage Bonds. The Articles of Incorporation of Iowa Electric authorize and limit the aggregate amount of additional shares of Cumulative Preferred Stock and Cumulative Preference Stock which may be Issued. Under the applicable limitations, at December 31, 1987 lora Electric could issue shares signiflcantly in excess of the number of shares currently authorized for both classes of stock. SHORT-TERM FINANCING For interim financing, Iota Electric is authorized by the Federal Energy Regulatory Commission to issue up to $75,000,000 of short-term notes, of which a maximum of $65,000,000 can be in the form of commercial Paper. This availability of short-term financing provides Iota Electric flexibility in the Issuance of long-term securities, At December 31, 1987, Iota Electric had lines of credit aggregating $51,100,000, Additionally, Industries had a $10,000,000 line of credit. 16 J1135 i A L R E P O R T f 36,946 9,644 5,225 3,701 r 3,313 4,547 Under the rate making principles prescribed by the regulatory commissions to which Iowa Electric is subject, only the historical cost of plant is recoverable in revenues as depreciation. As a result, Iowa Electric has experienced a loss equivalent to the current year's impact of inflation on utility plant. In addition, the regulatory process imposes a substantial time Ing between the time when operating and capiml costs are incurred and when they are recovered. During periods of inflation, this lag, coupled with rates based on historical costs and inadequate rates of return allowed on common equity, produce revenues which do not recover the cost, in temts of purchasing power, of the productive facilities used to provide services to current customers. While the inflation gain related to debt and preferred stock financing reduces the effect of this loss, the common shareholders still experience a net erosion in their investment due to inflation. Since 1984, the inflation rate has ranged from 4% to 1%. SELECTED CONSOLIDATED QUARTERLY FINANCIAL DATA (UNAUDITED) The following unaudited consolidated quarterly dam, in the opinion of the Company, includes all adjustments necessary for the fair presentation of such amounts. 1987 Revenues....................................... Operating income ................................ Income before cumulative effects of changes In amounting principles .......................... Cumulative effects of changes in amounting principles ..................................... Net income ..................................... Earnings per average common share before cumulative effects of changes In accounting principles ............ Cumulative effects of changes in accounting principles...................................... Earnings per average common share ................. 1986 Revenues....................................... Operating income ................................ Net Income ..................................... Earnings per average common share ................. Because the Iowa Electric results of operation arc a significant portion of the consolidated results, the above amounts arc affected by seasonal weather conditions and the timing of utility rate increases. During the four quarters of 1987, electric kilowan- hour sales Increased (decreased) (4.7)%, 6.896, 6.5% and (1.4)% compared to the prior year. These sola were influenced by the mild 1986.1987 winter heating season and the hotter than normal summer cooling season. 17 $105,271 $ 89,980 $120,443 $ 97,084 17,479 8,730 36,946 9,644 5,225 3,701 17,290 3,313 4,547 _ 9,772 3,701 17,290 3,313 0.38 0.27 1.25 0.24 0.34 0.72 0.27 1.25 0.24 $130,215 $ 86,739 $109,436 $102,855 19,018 6,062 31,929 15,262 6,948 1,422 13,653 6,513 0.52 0,11 1.02 0.48 Additionally, the strengthening Iowa economy benefited sales growth for the year. Net income for the flrst quarter of 1987 was beneflted by a change in the method of accounting for utility revenues. Partially offsetting such benefit was the recording of a change in accounting principle as required by SFAS No. 90 to discount future revenues associated with the cancelled Guthrie County generating station. 1c3S Plane Raydiag. Inc, mars garbage into useful !J acts. loan Electric helped the company locate" cur I Falls. 0' The Gnuumer Adtvory Panel pnorides how Electric with impamant input franc asmintoom lenders and avoconers. Imra Electric's When Reilly runs uith Iamel me+nh+Jim Stan at his radio station, KIFG, in Ioun Falls. T IE means business in the communities we serve. In 1987, Iowa Electric assisted 65 businesses in successfully locating or expanding in our service area, resulting in approximately 3,000 jobs. ♦ Party Pae Popetan in Marshallrnm inamomd iu loan unrhfmce by rnnring prmdua lines from Caantilie, Nath Carolina. how Electric assisted Parry Pte in apuali fring f w state axmmnlc detelolonent ynma. Chaimmn Lot J. Nnnnth (left) stands luide the loadoet and Iota, Etalnk's Ran Rider. A (ANow. came) Cnm,at auh annmuni y leaders is a key part of the Imrn Elsaric lookoun of local itarkm nt. Bete lams Electric's Nancy Dmigheny looks my the Jefferson &e and I Jerald nidi publisher/edion Rick Mmain. 4 The C onlxmile Tiros abon• the trees nn the Inun State Unine sit', campus in Anes a here Innis Electric is intolved in the deoelopmenc of the Inca Sane Research Park Grlxrntion. One net,, business located at the Inun State Research Park is Thennnsnus Tochnoloo, Inc. which has a patented one-step symen, for emevi ting tat imulated concrete troll. V The Sales & Business Detelopmrnt staff is risible throughout the IE senate area. Hoe, knurl Electric's Ron Rido (left) talks oath a group frnm Jefl+son Industries, Inc., the mmrmmity's development group. V ♦ Irma Elntric's hydrrn•Imric data in louvt rolls is an Irons landmark in that tvnnranvily, The plant is king refiabi.shal mal will le gnnrming Inmvn in the near fume. ♦ The nmosard Marshallrnm County Co rthowe is a prominent fixture on the morn square in,It, On, llint,it it Inca likvric provides gas tool electric snrice, 19 MJ 2 AUDITORS' REPORT TO THE BOARD OF DIRECTORS OF IE INDUSTRIES INC.: We have examined the consolidated balance sheets and statements of capitalization of IE Industries Inc. (an Iowa corporation) and subsidiary companies as of December 31, 1987 and 1986, and the related consolidated statements of income, retained earnings and changes in financial position for each of the three years in the period ended December 31, 1987. Our examinations were made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. As discussed in Note 2, the Office of the Consumer Advocate (Consumer Advocate) has appealed the Iowa Utilities Board's (IUB) order in the Iowa Electric Light and Power Company (Iowa Electric) 1983 electric rate case. The ultimate outcome of the appeal and related refund obligation, if any, is uncemin at this time. On April 2, 1987, the IUB issued a final order approving an annualized increase in retail rates of $25,100,000. Such rates were placed into effect on May 8, 1987. The order addressed, among other issues, whether certain of Iowa Electric's costs would be allowable for recovery in future rates. As discussed in Nota 2 and 11, Iowa Electric has incurred $24,307,000 related to the terminations in 1985 and 1984 of contracts with coal suppliers. The order allowed recovery of these costs over a four year period. As also discussed In Nota 2 and 11, Iowa Electric Incurred 1 9 8 7 A N N U $16,466,000 of construction costs related to cancelled generation projects. The IUB order disallowed recovery of the $5,200,000 allowance for funds used during construction recorded for one of the projects and allowed the balance of such construction casts to be recovered, without rate base treatment, over a ten-year period. The Consumer Advocate has filed a notice of appeal of the IUB's order. Consequentially, the ultimate outcome of these matters is uncertain at this time. In our opinion, subject to the effect of such adjustments, if any, as might have been required to the financial statements had the outcome of the matters referred to in the two preceding paragraphs been known, the financial statements referred to above present fairly the financial position of IE Industries Inc. and subsidiary companies as of December 31, 1987 and 1986, and the results of their operations and the changes in their financial position for each of the three years in the period ended December 31, 1987, in conformity with generally accepted accounting principles which, except for the changes, with which we concur, in the method of accounting for costs of cancelled generating projects as discussed in Note 2 and in the method of accounting for revenues as discussed In Note 1, were applied on a consistent basis. Chicago, Illinois January 29, 1988 9 A L C l' R E P O R T CONSOLIDATED STATEMENTS OF INCOME Operating income .............................................. 72.799 72.271 56.286 Interest expense ................................................ Year Ended December 31 25,305 1987 1986 1985 (2,375) (2,085) (in thousands) 1,812 Revenues: 4,145 Income from stock transactions of affiliate ........................... (2,344) Electric....................................................... $303,491 $285,448 $291,624 Gas .......................................................... 90,171 125,158 154,970 Other ........................................................ 19,116 18,639 15,204 - 412,778 429,245 461,798 Expenses: 1.47 • Pro forma (Notes 1(e) and 2).. 2.14 Gas purchased for resale ......................................... 71,995 99,867 133,394 Fuel for production ............................................. 56,011 57,234 57,660 Purchased power, net ........................................... 49,667 46,565 61,996 Other operation ................................................ 86,050 78,912 78,113 Maintenance .................................................. 24,046 21,188 23,041 Depredation and amortization .................................... 31,784 34,226 32,638 Taxes other than incometuxa.................................... 20,426 18,982 18,670 Operating income .............................................. 72.799 72.271 56.286 Interest expense ................................................ 26,193 25,305 25,581 Allowance for funds used during construction ........................ (1,198) (2,375) (2,085) Preferred and preference dividend requirements of subsidiary ........... 1,812 3,410 4,145 Income from stock transactions of affiliate ........................... (2,344) - - Miscellaneous, net .............................................. 4,237 (1,187) (995) Cumulative effect of change in method of accounting ,a 1M Ic 1c, 14 LAL Income before income taxes and cumulative effects of changes in accounting principles .......................................... 44A99 47.118 29.640 Federal and state income taxa ................................... 14,570 18,582 10,584 Income before cumulative effects of changes in accounting principles .......................................... 29,529 28.536 19,056 Cumulative effect of discounting recoverable cancelled plant eom, net of $1,177,000 income tax benefit ............................ 2,347) - - Cumulative effect as of January 1, 1987 of change in method of accounting for revenues, less income taxes of $4,599,000 .......... 6,13 - - .•... ...�.....-..v ter.•... .................................. • Pro forma (Notes 1(c) and 2) ....................... y. r 29,52 23.64 yr 21102 Average number of common shares outstanding ................... 13.748 I11(B 12.973 Earnings per average common share before cumulative effects o changes in accounting principles ................................ $ 2.14 $ 2.13 $ 1.47 Cumulative effect of discounting recoverable cancelled plant costs ... ( .17) - - Cumulative effect of change in method of accounting for revenues .................................................. .51 - - Earnings per average common share . As reported ................. 2.48 2.13 1.47 • Pro forma (Notes 1(e) and 2).. 2.14 1.76 $ 1.63 The accompanying Notes to Comolidated Financial Statements are an integral pan of these statements. 1 9 8 7 A N N U CONSOLIDATED BALANCE SHEETS The accompanying Notes to Consolidated Financial Statements are an integral part of these statemenu. 22 1135 December 31 ASSETS 1987 1986 (in thousands) Property, plant and equipment, at original cost. Utility - Plant in service - Electric ............................................................... $ 905,252 $ 870,818 Gas.................................................................. 70,842 70,785 Other................................................................ 27,639 22,761 1,003,733 964,364 Less -Accumulated depreciation ............................................ 378,635 354,641. 625,098 609,723 Leased nuclear fuel, net of amortization ....................................... 33,866 41,296 Construction work in progress .............................................. 15,373 16,547 674,337 667,566 Other property, net of accumulated depreciation of $3,066,000 and $2.689,000, respectively ................................................... 23,000 18,200 ..' 697,337 685,766 Current assets Cash..................................................................... 1,407 1,581 j Accounts receivable - Customer, less reserve ..................................................... 35,587 37,957 Other.................................................................. 4,816 7,137 Unbilled revenues.......................................................... 11,224 - Income tax refunds receivable ................................................. 582 1,711 Production fuel, at average cost ................................................ 15,220 14,769 Materials and supplies, at average cost .......................................... 11,625 9,289 Adjustment clause balances ................................................... 2,903 855 -: Prepayments and other ...................................................... 12,816 13,532 96,180 86,831 Deferred charges and other (Note 11) ........................................ 41.360 56,184 ' Investments: ''. Telcuennect Company ....................................................... 24,490 18,414 l Nuclear decommissioning trust fund ........................................... 1,223 - ! Other.................................................................... 4,472 4,015 The accompanying Notes to Consolidated Financial Statements are an integral part of these statemenu. 22 1135 I I A L R E P O R T CAPITALIZATION AND LIABILITIES December 31 1987 1986 35,367 (in thousands) Capitalization (See Consolidated Statements of Capitalization): 2,500 Capital lease obligations .......... Common stock ............................................................ 16,200 ........................................... Longdeb[ maturities Retained earnings ..................... $187,383 $179,578 ....................... ............... Total common equity ................ 71,273 64,192 ....................... .............. Pref rred ofs ary stock orence 258,656 243,770 Rede stockofsu.idiary...................................... Redeemable preference stock of subsidiary 18,320 18,320 ................... ................... -term Long-term deb[.....................................................6....6. 8,000 10,000 4,670 230.471 2(d.o47 Current liabilities: Commercial paper.......................................................... 26,454 35,367 Notes payable ......................... 30,430 2,500 Capital lease obligations .......... 38.460 16,200 ........................................... Longdeb[ maturities 12,937 11,975 Debt inks encs ....................... ................ Debt sinking fund requirements ....... 36,073 850 ......................................... Preference stock sinking fund requirements requirements 1,033 1,033 ...................................... Accounts payable ........................................................... 1,000 1,000 Accrued interest 33,865 37,681 ........................................................... Accrued taxes 4,670 4,722 . , , , .. , , , • • , .. vision ......................................... Accumulated refueling outage provision 16,586 19,380 ......................................... Other..................................................................... 2,437 6,385 12,183 9,993 151,214 111.719 Other long-term liabilities: Capital lease obligations..................................................... .Other.................................................................... 26,454 35,367 12,006 10,206 38.460 45,573 Deferred credits - Accumulated deferred income taxes ............................................ 115,042 111,969 Accumulated deferred investment tax credits ..................................... 44499 44,927 159.941 156,896 Commitments and contingencies (Note 10) $865,062 $851,210 i 1 9 8 7 A N N U CONSOLIDATED STATEMENTS OF CAPITALIZATION December 31 The accompanying Notes to Consolidated Financial Sratemenu are an integral part of these statements 24 3S (in thousands) Common equity: Common stock - no par value - authorized 24,000,000 shares; outstanding 13,883,161 and 13,548,441 shares, respectively ................................ $187,383 $179,578 Retained earnings ($20,414,000 restricted as to payment of cash dividends) ............ 71,273 64,192 258,656 243,770 Cumulative preferred stock: Iowa Electric Light and Power Company - par value $50 per share - authorized 466,406 shares; outstanding 366,406 shares - 6.10% - Outstanding 100,000 shares ...................................... 5,000 5,000 4.80%- Outstanding 146,406 shares ...................................... 7,320 7,320 4.30% - Outstanding 120,000 shares ...................................... 6,000 6,000 18320 18.320 Redeemable cumulative preference stocks Iowa Electric Light and Power Company - par value $100 per share - authorized 700,000 shares - 8.55%- Outstanding 90,000 and 110,000 shares ............................ 9,000 11,000 Less - Amount to be redeemed within one year ............................. 1,000 1,000 8,000 10,000 Long-term debt-. Seder 1986 debentures, 8A%, due 1993 .................................. I ..... 45,000 45,000 Iowa Electric Light and Power Company First mortgage mortgage bonds - Series 1,556%,due 1991 ................................................. 16,000 16,000 Series J,6A%, due 1996 ................................................. 15,000 15,000 Series K, 816%, due 1999 ................................................ 20,000 20,000 Series L, 736%, due 2000 ................................................ 15,000 15,000 Series M, 736%, due 2002 ................................................ 30,000 30,000 Series O, 9.80%, due 1991 ............................................... 3,888 4,921 Series P & Q, 6.70%, due 2006 ........................................... 9,200 9,200 Series R, 8A%, due 2007 ................................................ 25,000 25,000 Series T, 1434%, due 1991 ............................................... 30,000 30,000 Series U, 936%, due 2000 ................................................ 5,300 5,300 Series V,11%,due 1988 ................................................ 35,000 35,000 204,388 205,421 Guarantee of pollution control bonds, 5.73%, $4,400,000 due serially 1988.1994; $10,200,000 due 2003 .................................................. 14,600 15,400 218,988 220,821 Other subsidiaries' debt maturing through 1992 .................................. 4,599 2,100 268,587 267,921 Unamortized debt premium and (discount), net .................................. (1,010) (1,106) 267,577 266,815 Less - Amount due within one year ....................................... 37,106 1,883 230,471 264,932 $515,447 $537,022 The accompanying Notes to Consolidated Financial Sratemenu are an integral part of these statements 24 3S A L R E 1' 0 R T CONSOLIDATED STATEMENTS OF CHANGES IN FINANCIAL POSITION Cash on deposit with trustee ...................................... Year Ended December 31 493 1987 1986 1985 3,239 4,326 (in thousands) (2,787) Cash and equivalents at beginning of period ...................... $ 1,581 $ 8,243 $ 5,334 Funds provided internally: 1,460 Accounts payable ............................................... (3,816) Net income ................................................... 34,076 28,536 19,056 Non-cash items included in net income - 2,416 Investments ................................................... (2,457) Unbilled revenues ............................................ (11,224) - - Disallowed costs associated with Guthrie County generating station ..... 3,615 - - D iscount of recoverable cancelled plant costs ....................... 3,524 - - Depreciation and amortization .................................. 30,385 34,226 32,638 Deferred taxes and investment nix credits .......................... 3,045 3,462 8,815 Amortization of deferred charges ................................ 6,210 5,658 5,441 Refueling outage provision ..................................... (3,948) 4,494 (6,261) (Inwme) loss from Teleconnecr Company investment ............... (4,076) (86) 72 Allowance for equity funds used during construction ................ 195) L271) (1,133) Total funds provided internally .............................. 61,412 75,019 58,628 Less - Dividends on common stock ............................... 27.370 26,156 24,794 Net funds provided internally ............................... 34,042 48,863 33,834 Funds provided from external sources: Issuance of common stock ....................................... 7,805 8,106 9,036 Issuance of long-term debt ....................................... 2,550 46,633 35,278 Net change in commercial paper and short-term notes payable ........... 11,730 (2,580) (4,588) Sinking fund requirements and reduction In longterm debt and preference stock .............................................. (3,884) (61,133) (16,079) Other........................................................ 375 ( ) 316 Net funds from external sources ............................. 18,576 (9,323) 23,963 Cash on deposit with trustee ...................................... - 493 9,849 Accounts receivable ............................................. 5,820 3,239 4,326 Materials, supplies and fuel ....................................... (2,787) 1,020 7,609 Adjustment clause balances ....................................... (2,048) (107) 1,460 Accounts payable ............................................... (3,816) (4,300) 4,090 Accrued taxes ................................................. (2,794) 740 2,416 Investments ................................................... (2,457) (396) (18,902 Deferred charges ............................................... 749 (5,054) (20,149 Other ........................................................ 7,428 781 2,279 Net funds from other changes ............................... 95 (3,584) 2222 Increase(decrease)in funds ..................................... (174) (6,662) 2,909 Cash and equivalents at end of period ............................ $ 1,407 T-1.581 $ 8,243 The accompanying Notes to Coruolidated Finandal Statements are an integral pan of there smtetnents. 25 /3S 1 9 8 7 A N N U CONSOLIDATED STATEMENTS OF RETAINED EARNINGS Year Ended December 31 1987 1986 1985 (in thousands) Balance at beginning of year ..................................... $ 64,192 $ 62,161 $ 67,743 Add: Net income ................................................... 34,076 28,536 19,056 Tax benefit resulting from the deduction of ESOP dividends ............ 375 585 156 98,643 91,282 86,955 Deduct: Cash dividends declared on common stock, at per share rates of $1.99, $1.95, and $1.91, respectively .................................. 27,370 26,156 24,794 Preference stock redemption premiums of subsidiary .................. — 934 — 27,370 27,090 24,794 Balance at end of year ($20,414,000 restricted as to payment of cash dividends) .............. $ 71,273 $ 64,192 $ 62,161 The accompanying Norm to Consolidated Financial Smremenu are an integral pan of these statement. NOTES TO CONSOLIDATED FINANCIAL STATEMENTS (1) SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES: (a) Basis of Consolidation — The consolidated financial statements include the accounts of IE Industries Inc. (Industries) and its wholly- owned subsidiaries (the Company). The principal operating companies arc Iowa Electric Light and Power Company (Iowa Electric) and the Cedar Rapids and Iowa City Railway Company (CRANDIC). All significant Intercompany balances and transactions have been eliminated from the consolidated financial statements. (b) Regulation — Industries is currently exempt from regulation under the Public Utility Holding Company Act of 1935. Iowa Electric Is subject to regulation by the Iowa Utilities Board (IUB) and the Federal Energy Regulatory Commission (FERC). (c) Accounting for the Investment in Teleconnect Company — Teleconnect Company (Teleconnect) is engaged principally In supplying long distance and telemarketing services. Industries uses the equity method to account for Its investment in Teleconnect and the Consolidated Statements of Income include Industries' portion of Teleconnect's net income. In 1987, Teleconnect privately placed 1,554,000 shares of original Issue common stock. Such shares were sold at a price significantly In excess of book value and Teleconnect thereby experienced an increase in net assets. Accordingly, industries' share of Teleconnect's net assets increased and resulted in the prc-mx credit to "Income from stock transactions of affilinte" as shown In the Consolidated Statements of income. Industries' 27% investment in Teleconnect at December 31, 1987 included $12,600,000 of unamorthed purchase price in excess of book value at the date of acquisition (May, 1985) which is being amortized over a forty year period. (d) Depreciation — iowa Electric's provision for depreciation, except for the Duane Arnold Energy Center (DAEC), is based on straight-line composite rates. The average rate was 3.3% of the cost of depreciable electric property for 1987, 3.7% for 1986 and 3.6% for 1985. The avenge rate for gas property was 3.0% for 1987.1985. The DAEC is currently being depreciated using a remaining life method. In its Order dated April 2, 1987 relating to ]ova Electric's 1986 electric rate ease, the IUB permitted lova Electric to change the original estimated life of the DAEC from 28 to 36 years. Pursuant to the Order, Iowa Electric identified $21,709,000 of the accumulated depreciation as an Internal decommissioning reserve. In addition, the IUB required lova Electric to commence external funding of revenues collected for future decommissioning costs. Based on a study completed In December, 1985, Iowa Electric's 70% share of the cost to decommission the DAEC approximated $107 million in 1985 dollars. (e) Rettmuess— In 1987, lown Electric began accruing revenue for service rendered but unbilled at month,end in order to more properly match monthly revenue with the cost of service provided to customers. This change in method of recording revenue decreased 1987 income by $162,000, before the cumulative effect for prior periods. The cumulative effect of this change and pro forma effects on Income are shown in the Consolidated Statements of Income. The pro forma information presents the financial A L R F. P 0 A T results which would have been experienced had Iowa Electric been accounting for revenues under its current method throughout the periods. (f) Allaruunce for Funds Used During Construction — The allowance for funds used during construction (AFC), which represents the cost during the construction period of funds used for construction purposes, is capitalized by Iowa Electric as a component of the cost of utility plant. The amount of AFC applicable to debt funds and to other (equity) funds, a non-cash item, is computed in accordance with the formula prescribed by FERC. The aggregate gross rates for 1987.1985 were 8.2%, 10.8% and 11.1%, respectively. (g) Adjustment Clauses — Iowa Electric's tariffs include an electric energy adjustment clause (EAC) designed to reflect the current costs of fuel, including nuclear fuel and an estimated cost associated with nuclear waste disposal, and the energy portion of purchased power In billings to customers. The clause is based on the estimated cast of fuel consumed and the estimated energy cost of purchased power for the current month and the immediately preceding month. A correction factor is included to reflect previous over -or - under collections of revenue resulting from variances between the actual cost of fuel consumed and the amount Included in billings to customers. lova Electric records the change in over -or -under collections by charging or crediting other operation expense. The cumulative effect Is reflected In the Consolidated Balance Sheets as a current asset or current liability, pending automatic reflection in future billings to customers. Iowa Electric's gas tariffs also include louses desiimed to reflect changes in the cost of gas purchased for resale on a current basis. These clauses are accounted for in a manner similar to the EAC. (h) Aa mulatcd Refueling Outage Provision — The IUB allows Iowa Electric to collect, as part of is base revenues, funds to offset higher operation and maintenance expenditures during refueling outages at the DAEC. As these revenues are collected, an equivalent amount is charged to other operation and maintenance expenses with a corresponding credit to a reserve. During a refueling outage, such reserve Is reversed to offset the higher expenditures. (i) Income Taxes — Federal Income tax expense includes provisions for deferred taxes to reflect the tax effects of timing differences between when certain toss are recorded in the accounts and are deducted for tax return purposes. As these timing differences reverse, the related accumulated deferred income taxes are reversed to income. lown Electric provides deferred taxes, in accordance with rate making practices, only for timing differences resulting from accelerated tax depreciation for which deferred taxes are required to be provided by the Internal Revenue Code. State deferred income taxes have not been recognized for rate making purposes since June 1, 1981, pursuant to rn order of the IUB. An August 1, 1984 court decision requires that certain accumulated Federal and state deferred income taxes previously 27 provided by Iowa Electric be amortized to income over a seven year period ending in 1990. Iowa Electric also provides Federal and state deferred taxes on cermin other timing differences as indicated in Note 3. Investment tax credits are utilized to offset Federal income taxes which otherwise would be currently payable. Such credits are deferred and are subsequently credited to income over the lives of the property which gave rise to the credits. (2) RATE MATTERS: Tax Refomu Act of 1986 In order to reflect the effects of the Tax Reform Act of 1986, Iowa Electric filed tariffs with the IUB to reduce electric and gas mtes on an annual basis by $5.6 million and $157,000, respectively. Such rate reductions went into effect on July 1, 1987. Although the IUB allowed the $5.6 million reduction in electric rates to be placed into effect, it rejected Iowa Electric's electric filing asserting that such rate reduction was deficient and should be approximately $3.0 million greater. Iowa Electric filed suit with the Iowa District Court for Linn County for judicial review of the alleged deficiency. Iowa Electric has reserved for the amount in dispute. 1986 Electric Rate Case On April 25, 1986, Iowa Electric applied to the IUB for an electric rate !name to be charged to Iowa retail customers. Of the amount requested, $43.9 million on an annual basis, an Interim increase of $19.2 million was allowed by the IUB effective July 24, 1986. On April 2, 1987, the IUB issued is final Order establishing rates based on an Increase of $25.1 million. Such rates were placed into effect on May 8, 1987. In is Order, the IUB disallowed $5.2 million of AFC recorded for the cancelled Guthrie County generating station. The disallowed AFC, net of an amount reserved in prior years, was written -off in 1987 and is reflected in "Interest expense and other - Miscellaneous, net." The disallowance was based on an Interpretation of state law regarding when construction began. lown Electric believes that the IUB is in error on this matter and has appealed to the Stare District Court for relief from this finding. The Order did allow recovery of the remaining Boss associated with cancelled generating projects, but without rate base treatment. In accordance with SFAS No. 90, Iowa Electric recorded nn adjustment In 1987 to discount the future revenues associated with such toss. The cumulative effect of such discounting and pro forma effect on income are shown in the Consolidated Statements of Income. The pro forma information presents the financial results which would have been experienced had Iowa Electric discounted the recoverable cuncelhd plant toss at the date of cancellation in February, 1986. Other adjustments were also recorded in 1987 to reflect the remaining provisions of the rare case settlement. The Consumer Advocate Poed a notice of appeal on Issues In this use that were also appealed in the 1983 rate case (sce discussion following) as well as other issues 1,3.5 initially ralsed in this case, including recovery of a portion of the coal contract termination costs (see Note 11), recovery of certain future nuclear dmornmlssioning expenses, and recovery of a portion of the cancelled Guthrie County generating station costs (see Note 11). Iowa Electric bellevd the probability that the Consumer Advocate will be successful in its appeal is remote. Accordingly, no refund liabilities have been recorded. 1983 Electric Rare Case On June 8, 1987, the Linn County District Court issued its Order relating to Iowa Electric's $44.2 million 1983 electric rate increase, of which $40.0 million on an annual basis was approved by the IUB on August 1, 1984. The Issue appealed by Iowa Electric relating to a single deferred income rax item was derided in Iowa Electric's favor. The Court upheld the IUB on all issues 1 9 8 7 A\\ U appealed by the Consumer Advocate. No rate adjustments were required as a result of the Order. Certain issues appealed to the Linn County District Court by the Consumer Advocate have now been appealed to the Iowa Supreme Court. A significant reduction of the $40.0 million rare increase would be required if all issues were decided against Iowa Electric. A final court derision adverse to Iowa Electric relating to one of the issues would result in an immediate refund obligation. An adverse decision on the remaining appealed issues would result in refund obligations through prospective rate reductions. Iowa Electric is of the opinion that the likelihood of a decision overturning the IUB and Linn County District Court's Orders for any of the Issues remaining on appeal by the Consumer Advocate is remote. Accordingly, no refund liabilities have been recorded. (3) INCOMETAXES: Federal and state income taxes as set forth in the Consolidated Statements of Income are comprised of the following: Year Ended December 31 1987 1986 1985 (in thousands) Federal income taxes: Current ...................................................... $ 11,060 $ 11.786 $ 242 Deferred — Unbilled revenues ............................................. Coal contract termination costs..................................(3,615) 3,590 — (963) — 3,283 Plant abandonments ........................................... (676) 3,998 — Refueling outage provision ...................................... 2,058 (2.067) 2,880 Internal decommissioning ....................................... (6,176) 6,700 — 3,561 — 5,976 Depreciation................................................. Other.......................................................1,489 6.984 1,237 Prior years ................................................... (1,777) (7,153) (7,164) Investment rax credits — Deferred 1.645 4,884 ....................................................1,911 Amortization and other.........................................(1,941) (1.847) (1.670) Total Federal income taxes .................................. 12,623 15,944 9,668 State income taxes[ 3,905 3,289 1,474 Current...................................................... Deferred — Unbilled revenues ............................................. 817 — — Coal contract termination costs .................................. 1,771 — — Plantabandonments...........................................681 — — Refueling outage provision......................................(223) — — Internal decommissioning .......................................(1,685) (484) — (484) — (459) Depreciation ................................................. Other.......................................................846 666 673 Prior years ................................................... (259) (833) (772) Total state income taxes .................................... 5,369 2.638 916 Total Income taxes ........................................ $ 17,992 $ 18,582 $ 10,584 Included in Consolidated Statements of Income as: Federal and state Income taxes .................................... $ 14,570 $ 18,582 $ 10,584 Cumulative effects of changes in accounting principles ................. 3,422 — — $ 17.992 $ 18,582 $ 10,5844 28 A L R E P O R T The overall effective income tax rates shown below were computed by dividing total income rax expense by the income before income taxes. Year Ended December 31 1987 1986 eral income tax rate ................................ 40.0% 46.0% Add (deduct): Allowance for funds used during construction ...................... (0.9) (2.3) (3.2) Amortization of investment tax credits ............................. (3.7) (4.0) (5.8) Amortization of certain accumulated deferred income taxes over five and seven years ........................... (63) (7.5) (12.8) Preferred and preference dividend requirements ofsubsidiary ............................................... 1.4 3.3 6.4 State income taxes, net of Federal benefits .......................... 5.1 4.0 2.6 Other items, net .............................................. (1.0) (0.1) 2.5 Overall effective income tax rate ................................. 34.6% 39.4% 35.7% At December 31, 1987, primarily as a result of rate making practices, Federal and state deferred income taxes have not been provided on cumulative net tax timing differences'of $73,000,000 and $175,000,000, respectively. Iowa Electric believes that the Income taxes payable in the future, due to the reversal of such timing differences, will be recovered through the rate making process. In December, 1987, the Financial Accounting Standards Board issued SFAS No. 96 which establishes accounting and reporting standards for the effects of income taxes. The Company is required to adopt the nese (4) LEASES: Iowa Electric has a nuclear fuel lease covering Its 70% undivided Interest in the nuclear fuel purchased for the DAEC. Future purchases of fuel may also be added to the fuel lease. This capital lease provides for annual one year extensions which Iowa Electric presently intends to exercise to a date not later than December 31, 2023. The credit agreement between the lessor and the bank has a termination date of December 31, 1990, but will continue on n year to year basis unless either party provides at least a three year notice of termination. The maximum amount of financing available under the agreement is currently $80 million. Iowa Electric is responsible for the payment of axes, maintenance, operating cost, risk of loss and insurance relating to the leased fuel. Annual nuclear fuel lease expenses include the cost of fuel, based on the quantity of heat produced for the generation of electric energy, plus the lessor's Interest costs related to fuel in the reactor and administrative expenses. These expenses (included in fuel for production) for 1987.1985 were $11,541,000, $13,708,000 and $9,560,000, respectively. Iowa Electric is operating the Prairie Creek Generating Station, Units 1, 2 and 3, under a ten year capital lease agreement. Iowa Electric expects to purchase the units In accounting and disclosure requirements of SFAS No. 96 prior to 1990. When adopted, the Company will record the cumulative effect of SFAS No. 96. Adjustments to accumulated deferred income taxes will be recorded for additional deferred income rax liabilities not provided as a result of rate making practices and the effects of income tax rate changes. It is expected that such adjustments will be offset primarily by regulatory assets and liabilities. Although the Company has not yet determined the amount of such adjustments, it does not anticipate an adverse impact on the Consolidated Statements of Income. 1988 for approximately $5,500,000.'fie lease payments (included in other operation expenses) for 1987.1985 were $1,101,000 annually. Operating lease rental expenses were $7,852,000, $7,444,000 and $7,242,000 for 1987-1985, respectively. Future minimum lease payments, which include the estimated annual expenses for fuel currently under Iowa Electric's nuclear fuel lease, are as follows: Capital Operating Year Leases To (in thousands) 1988 ................. $ 13,958 $ 3,679 1989 ................. 15,055 3,423 1990 ................. 7,712 3,315 1991 ................. 5,244 3,304 1992 ................. 1,998 3,268 Through 2003 .......... 2,450 34,814 46,417 $ 51,803 Less: Amount representing Interest ... 7,026 Present value of net minimum lease obligations ...... $ 39,391 29 // �� (5) RETIREMENT PLAN: The Company has a non-contributory retirement plan which covers substantially all of its employers. Plan benefits are based on years of service and compensation during the employeeslatter years of employment. Payments made from the pension fund to retired employees and beneficiaries during 1987 totaled $5,852,000. The Company's policy is to expense and fund the pension cost determined cuing the frozen entry age actuarial cost method, provided that this amount is at least equal to the minimum funding requirements mandated by the Employee Retirement Income Security 1 9 8 7 A N N U Act (ERISA) and does not exceed the maximum tax deductible amount for the year. Total pension cost requirements paid to the Trustee were $2,786,000 and $2,535,000 for 1986 and 1985, respectively. As of January 1, 1987, the Company accounts for its retirement plan pursuant to the provisions of SFAS No. 87. However, since Industries' major subsidiary is Iowa Electric, a public utility subject to the provisions of SFAS No. 71, certain adjustments are necessary in order to reflect the amount of annual pension cost allowed in Iowa Electric's most recent rate case. The components of 1987 pension cost are as follows: In addition to providing pension benefits, the Company provides certain healthcare benefits for retired employees. The cost of such benefits Is expensed as claims are paid. Such costs totaled $914,000, $754,000 and $769,000 for 1987.1985, respectively. (in thousands) Service cost.............................................................................. $2,226 Interest cost on projected benefit obligation.................................................... 5,558 Assumed return on plan assets (actual return on plan assets was $4,723,000) ......................... (6,449) Amortintion of unrecognized plan assets as of January 1, 1987 .................................... (261) SFASNo. 87 pension cost.................................................................. 1,074 Adjustment to funding level................................................................. 1,442 Pension cost recognized in the Consolidated Statements of Income ................................. $2,516 A reconciliation of the funded smtus of the Plan under SFAS No. 87 to the amounts recognized in the Consolidated Balance Sheers is presented below: December 31 1987 1986 (in thousands) Fair market value of plan assets ................................................. $ 83,650 $ 82,263 Actuarial present value of benefits rendered to date— Accumulated benefits based on compensation to date, including vested benefits of $52,893,000 and $57,263,000, respectively .................................... 58,436 62,543 Additional benefits based on estimated future salary levels .......................... 13,420 14,503 Projected benefit obligation ................................................... 71,856 77.046 Plan assets in ac ss of projected benefit obligation ................................. 11,794 5,217 Remaining unrecognized net asset existing at January 1, 1987, being amortized over 20 years.............................................................. (4,956) (5,217) Unrecognized net gain ........................................................ (5,396) — Prepaid pension cost recognized in the Consolidated Balance Sheets .................... $ 1,442 $ — Assumed rate of return ....................................................... 8.00°6 8.00% Weighted avenge discount rate of projected benefit obligation ..... . .................. 8.25% 7.50% Assumed rate of increase In future compensation levels .............................. 5.75% 5.75% In addition to providing pension benefits, the Company provides certain healthcare benefits for retired employees. The cost of such benefits Is expensed as claims are paid. Such costs totaled $914,000, $754,000 and $769,000 for 1987.1985, respectively. !, A L R E I' 0 R T i "+ (6) CHANGES IN OUTSTANDING SHARES OF COMMON STOCK: i The following table presents information relating to the issuance of common stock: s Common Stock _ 7 Number of t Preferred Stock, no par value, authorized for r ' Shares Amount 3 Balance, December 1984 ................................................... The 6.10%, 4.80% and 4.30% Series of Iowa Electric (in thousands) Cumulative Preferred Stock are redeemable at the option ces Stock plan issuances*....................................................... 12,672,902 $ 162,436 and $51.00 per share, respectively, plus accrued dividends. Balance, December 31, 1985 ................................................... 499,991 9,036 $2,000,000 in 1987, $4,094,000 In 1986 and $3,094,000 Stock plan issuances* . 13,172,893 171,472 Balance, December 31, 1986 ................................................... 375,548 8,106 Stock plant issuances* .................................................... 13,548,441 1 79,578 Balance, Dezember 31, 1987 ................ 334,720 7,805 ................................... 13,883,161 $ 187,383 *Dividend Reinvestment and Stork Purchase Plan, Employee Stock Purchase Plan, Employees' Srrck Ownership Plan ,r ;• I a Shares reserved for issuance pursuant to the various stock plans towed 1,159,326 at December 31, 1987. s , (7) PREFERRED AND PREFERENCE STOCK; Industries has 5,000,000 shares of Cumulative t Preferred Stock, no par value, authorized for r ' Issuance, of which none is Issued and outstanding at ver v r December 31, 1987. The 6.10%, 4.80% and 4.30% Series of Iowa Electric Cumulative Preferred Stock are redeemable at the option Of Iowa Electric upon 30 days' notice at $51.00,$50.25 . and $51.00 per share, respectively, plus accrued dividends. Iowa Electric Cumulative Preference Stock aggregating _ $2,000,000 in 1987, $4,094,000 In 1986 and $3,094,000 31 in 1985 was redeemed at par under mandatory and optional sinking fund provisions. Annual sinking fund redemptions of $1,000,000 will be required in 1988.1992. The Series 8.55% Cumulative Preference Stock is redeemable at the option of Iowa Electric upon 30 days' notice at $106.41 through October 1, 1988 and at decreasing amounts thereafter. However, no redemption may be made prior to October 1, 1988 by the application of certain monies having a cost to Iowa Eleatic of less than 8.55% per annum. N g (8) LONG-TERM DEBT: Iowa Electric's Indenture securing its First Mortgage Bonds constitutes a direct first mortgage lien upon substantially all tangible public utility property of Iowa Electric. 1 9 8 7 A 8 R U Total sinking fund requirements and debt maturities for 1988.1992 are as follows. The cable pertains to Lown Electric unless otherwise noted. Debt Maturities Sinking Fund Debt Maturity Year Requirements* Issue Date Amount Total 1988 $2,243,000 Series V Il/l/89 600,000 Pollution Control Various 1,899,000 Other Subsidiaries' 11/1/90 600,000 Debt 1989 2,243,000 Pollution Control 1/l/91 16,000,000 Other Subsidiaries' 7/1/91 790,000 Debt 1990 2,083,000 Pollution Control 11/1/91 600,000 Other Subsidiaries' Various 187,000 Debt 1991 1,050,000 Series I Various 187,000 Series O Series T Pollution Control Other Subsidiaries' Debt 1992 1,050,000 Pollution Control Other Subsidiaries' Debt 4/1/88 II/l/88 Various 274,000 $38,317,000 Il/l/89 600,000 Various 1,899,000 4,742,000 11/1/90 600,000 Various 187,000 2,870,000 1/l/91 16,000,000 7/1/91 790,000 11/I/91 30,000,000 11/1/91 600,000 Various 187,000 48,627,000 I1/I/92 600,000 Various 187,000 1,837,000 *Includas annual sinking fioul requirements of $1,210,000 fm the years t988•r989 and $t,g5o,000 fm 1990.1992 which, by terms of the Indenture under which Series 1, J. K, L, M and R Bonds have been issued, may be satisfied by the pledging of additional property. lawn Electric intends to meat the 1988 requiremlmis fm these issues by this means. The Series P, Qand U Bonds secure the obligation of lows Electric with respect to three series of pollution control revenue bonds Issued by three Iowa municipalities. (9) SHORT-TERM BORROIVINGS: At December 31, 1987, Industries had an unused line of credit in the amount of $10,000,000. (10) COMMITMENTS AND CONTINGENCIES: Construction Program The Company's construction program for 1988 anticipates expenditures aggregating approximately $53,000,000 for which substantial commitments have been made. Long -Term Power Purchase Contract Iowa Electric has o purchase power contract, as amended, with the City of Muscatine, Iowa for capacity purchases of 90 Mw through May, 1991 and 70 Mw for the final two years. The cost of such opacity purchases, along with Iowa Electric's proportionate share of operating and maintenance costs, arc reflected in Iowa Electric had lines of credit totaling $5 1, 100,000, of which $30,430,000 was being used to support commercial paper. purchased power in the Consolidated Statements of Income and amounted to $31,134,000 in 1987. Nuclear Fuel lova Electric contracted to purchase foreign uranium hexafiourlda for future processing Into nuclear fuel and on January 4, 1988, Iowa Electric took delivery of 445,000 kilograms at n cost of $27,381,000. Such quantities are expected to fulfill lown Electric's nuclear fuel requirements through 1994, In September, 1985, the U.S. District Cour in Colorado issued a decision in Western Nuclear Inc. v. Huffman holding that the Department of Energy's (DOE) Utility Services Contract which provides for the enrichment of uranium fuel for U.S. nuclear power plants 32 //35, A L R I: P 0 R I violates the DOE's uranium enrichment criteria and is "null and void." Since the ruling, and pending appeal, the DOE has honored its contract to enrich nuclear fuel. On June 5, 1986, the District Court ruled in the same rase that the DOE violated its statutory duty to impose restrictions on the enrichment of foreign umnium for domestic use. On June 20, 1986, the District Court Issued an injunction prohibiting DOE enrichment of foreign uranium for domestic use effective January 1, 1987. Iowa Electric participated with several other U.S. nuclear utilities in an appeal by the DOE and in a request for an injunction staying the effect of the District Court's injunction. The Court of Appeals granted the stay allowing the DOE to fulfill its obligations for enrichment services pending further order of the Court. On July 27, 1987, the Court of Appeals issued its decision finding that the DOE has not implemented restrictions on the enrichment of foreign uranium as required by law. The Court reinstated the injunction prohibiting the DOE from such enrichment activity. On October 8, 1987, the Court granted a stay of mandate pending final disposition by the U.S. Supreme Court. On January 11, 1988, the U.S. Supreme Court granted certforad in the case. It is not expected that the case will be heard until the Court's term beginning October, 1988. Iowa Electric believes the stay of mandate will still be In effect until the Supreme Court's decision. Therefore, Iowa Electric anticipates enrichment of the nuclear fuel delivered in January, 1988 will be provided under the DOE's Utility Services Contract. However, Iowa Electric is monitoring the case closely and may have to cake action to secure foreign enrichment services, in which event the contract with the DOE would hove to be voided or a waiver from the DOE obtained. Iowa Electric has sufficient enriched uranium for the refueling scheduled in late 1988. Nuclear Insurance Programs Pursuant to provisions in various nuclear Insurance policies, Iowa Electric could be assessed retroactive premiums in connection with a future accident at a nuclear facility owned by a utility participating in the particular Insurance plan. With respect to public liability coverage under the Price -Anderson Act, Iowa Electric could be assessed a maximum of $3,500,000 per accident with a maximum of $7,000,000 per year if loses relating to the accidents exceeded $160,000,000. With respect to excess property damage and replacement power coverages, Iowa Electric could be assessed a maximum of $5,000,000 and $833,000, respectively, If the Insurer's losses relating to an accident exceeded its reserves. No such assessments have been made under these policy provisions, legislation Is currently pending in Congress which would significantly Increase the maximum liability under the Price -Anderson Act in the event of a nuclear accident. (11) DEFERRED CHARGES: Coal Contract Termination In October 1984, Iowa Electric exercised n provision in an agreement with a coal supplier to cancel a contract 33 which was to have expired on September 30, 1997. Such action was taken because of lower spot market coal prices and reduced coal requirements. The terms of the agreement specified a contract termination payment of $20,218,000, which was partially offset by prepayments of $6,203,000 made in prior years. In August 1985, Iowa Electric terminated a second contract with another coal supplier which was to have expired March 31, 1986. Such action was taken because of lower spot market coal prices and a reduced need for low sulfur coal. A contract termination payment of $7,293,000 was negotiated, which was partially offset by prepayments of $701,000 made in prior years. In its Order dated April 2, 1987, the IUB allowed recovery of the retail portion of the contract termination payments over a four year period. The IUB disallowed recovery of related interest costs and did not permit inclusion of the unrecorded costs in rate base. The portion relating to wholesale customers is also being recovered in rates currently. Cancelled Plant The costs of cancelled plant ($11,252,000) are being amortized over 10 years commencing in 1987 as they are collected in rates. The rate snaking treatment is discussed in Note 2. (12) GUARANTEES: At December 31, 1987, Industries or its subsidiary, Iowa Electric, have guaranteed $3,200,000 of loans primarily in connection with economic development activities. (13) JOINTLY -OWNED ELECTRIC UTILITY PLANT: Under joint ownership agreements with other Iowa utilities, Iowa Electric has undivided ownership interests In two electric generating stations and related transmission facilities. Each of the respective owners was responsible for the issuance of its own securities to finance its portion of the construction costs. Kilowart- hour generation and operating expenses are divided on the same•, basis as ownership with each owner reflecting its respective costs in its Statements of Income. Information relative to Iowa Electric's ownership Interest in these facilities at December 31, 1987 is as follows: Ottumwa DAEC Unit 1 (in thousands) Utility plant In service .... $374,942 $ 62,054 Accumulated depreciation.......... $117,605 $ 12,888 Construction work In progress........... $ 10,510 $ 58 Plant capacity — Mw .... 500 675 Iowa Electric's share ..... 70% 15% In-service date .......... 1974 1981 t3-� (14) SEGMENTS OF BUSINESS: The principal subsidiary of Industries is Iowa Electric, a utility engaged primarily in the generation, transmission, distribution and sale of electric energy and in the 1 9 8 7 A N N U'. purchase, distribution and sale of natural gas. Certain financial information relating to Industries' segments of business is presented below: Operating results: Revenues- Electric...................................................... Gas........................................................ Railroad..................................................... Operating income- Electric...................................................... Gas........................................................ Railroad..................................................... Other information: Depreciation- Electric...................................................... Gas................................................. ....... Railroad..................................................... Construction expenditures- Electric...................................................... Gas........................................................ Railroad..................................................... Assets - Identifiable assets" - Year Ended December 31 1987 1986 1985 146 (in thousands) $ 34,788 $303,491 $285,448 $291,624 90,401 125,441 155,149 10,270 11,037 7,786 $ 64,185 $ 55,851 3,605 9,112 4,590 5,818 $ 29,159 $ 31,758 2,048 2,021 157 146 $ 41,045 $ 34,788 2,729 1,843 1,696 835 Electric ..................................................... $691,110 $689,327 Gas....................................................... 58,622 54,152 Railroad .................................................... 25,285 22,090 775,017 765,569 Other corporate assets ......................................... 90,045 85,641 Total consolidated assets ...................................... $865,062 $851,210 "Includes net utility plant, leased nuclear fuel, productfon fuel, rnau+iah and supplies, and other identifiable assets. $ 48,677 3,366 3,250 $ 29,657 2,604 135 $ 43,244 2,106 1,442 $686,059 53,059 19,324 758,442 92,476 $850,918 I 1 I 1 34 �/ S 9 A L R E P O R T SELECTED CONSOLIDATED FINANCIAL DATA $865,062 $851,210 $850,918 $831,202 Capitalization (000,000's): 1987 1986 1985 1984 1983 1982 Income statement data (000's): 43 $186 38 Preferred and preference stock .......... 26 4 28 5 51 10 55 11 57 11 60 Operating revenue .................... $412,778 $429,245 $461,798 $476,706 $452,925 $410,913 Operating income .................... 72,799 72,271 56,286 71,966 66,334 68,627 Net income ......................... 34,076 28,536 19,056 30,023 23,289 22,247 Common stock data: $250,562 Income taxes ....................... 3.06 3.00 2.32 3.04 Average number of shares 2.75 Number of Iowa Electric preferred 38% 37% 36% 35% outsmnding(000's) .................. 13,748 13,408 12,973 12,445 10,901 10,339 Earnings per average common share ...... $ 2.48 $ 2.13 $ 1.47 $ 2.41 $ 2.14 $ 2.15 Return on average common equity ....... 13.6% 12.0% 8.2% 13.5% 11.6% 12.3% Dividends declared per common share .... $ 1.99 $ 1.95 $ 1.91 $ 1.855 $ 1.795 $ 1.735 Annual dividend rate at end of year ...... 2.02 1.98 1.94 1.90 1.84 1.78 Market price per common share $ 41,880 Percent of construction expenditures at year-end ......................... 22.63 23.38 20.75 18.00 14.88 15.75 Book value per common share 92% at year-end ......................... 18.63 17.99 17.73 18.16 17.75 17.69 Ratio of market price to book value at year-end ......................... 121% 130% 117% 98% 84% 89% gists too 5537 100 5537 100 5505 100 5505 100 $463 100 Total assets (000's) ................... $865,062 $851,210 $850,918 $831,202 Capitalization (000,000's): - Construction expenditures, $ 905,252 $870,818 Common equity ..................... $259 47 $244 46 $234 43 $230 45 $215 43 $186 38 Preferred and preference stock .......... 26 4 28 5 51 10 55 11 57 11 60 13 Long-term debt ...................... 230 49 265 49 252 47 220 44 233 46 237 49 gists too 5537 100 5537 100 5505 100 5505 100 $463 100 Total assets (000's) ................... $865,062 $851,210 $850,918 $831,202 $800,049 $750,227 Construction expenditures, $ 905,252 $870,818 $838,139 $787,500 $764,696 $729,351 including AFC (000's) ............... $ 52,887 $ 42,618 $ 47,866 $ 39,404 $ 48,110 $ 42,595 Percent of construction expenditures 27,639 22,761 22,512 20,021 14,902 13,170 financed internally from operations ..... 65% 100% 72% 100% 99% 96% Times interest earned before $ 378,635 $354,641 $332,783 $303,233 $275,500 $250,562 Income taxes ....................... 3.06 3.00 2.32 3.04 2.74 2.75 Number of Iowa Electric preferred 38% 37% 36% 35% 33% 31% and preference shareholders ........... 2,161 2,222 2,802 3,006 3,121 3,251 Number of common shareholders ....... 27,414 29,869 32,348 32,805 31,768 31,743 SELECTED FINANCIAL DATA -10, Utility plant in service (000's) - Electric ............................ $ 905,252 $870,818 $838,139 $787,500 $764,696 $729,351 Gas ............................... 70,842 70,785 71,126 69,586 67,173 64,484 Other ............................. 27,639 22,761 22,512 20,021 14,902 13,170 $1,003,733 $964,364 $931,777 $877,107 $846,771 $807,005 Accumulated depreciation (000's) ........ $ 378,635 $354,641 $332,783 $303,233 $275,500 $250,562 Ratio of accumulated depreciation to utility plant In service ...................... 38% 37% 36% 35% 33% 31% AFC as a percent of net income .......... 3% 8% 9% 4% 14% 17% Times interest mored before income taxes ........................ 3.21 3.10 2.32 3.05 2.74 2.67 Construction expenditures, including AFC (000'x) ................ $ 47,649 $ 40,111 $ 45,427 $ 38,793 $ 47,874 $ 41,880 Percent of construction expenditures financed internally from operations ...... 69% 100% 69% 100% 94% 92% 35 //3.S' 1 9 8, A N N U ELECTRIC: OPERATING COMPARISON -18: Five Year Compound Rate of iperattng revenue luuuvsp Residential ....................... $114,395 $100,067 $ 99,309 $ 98,882 $ 92,229 $ 79,721 Rural ........................... 16,826 16,801 16,858 17,233 16,106 15,304 Commercial ...................... 87,996 86,111 86,059 89,500 83,019 73,932 Industrial ........................ 66,448 65,537 70,562 73,629 66,332 63,520 Street lighting and public authorities .. 4,268 4,161 4,346 4,367 4,150 3,770 Total from ultimate consumers .... 289,933 272,677 277,134 283,611 261,836 236,247 Sales for resale .................... 12,556 11,641 13,282 12,883 13,447 9,931 Other ........................... 1,002 1,130 1,208 1,044 911 710 ....." w.- �..-- - ......,. Residential.......................1,232,622 1,215,722 1,174,150 1,209,678 1,272,030 1,186,263 0.8% Rural ........................... 193,908 213,431 208,491 210,958 212,775 221,803 (2.4) Commercial ...................... 1,143,103 1,118,493 1,072,674 1,071,934 1,066,847 1,031,782 2.1 Industrial ........... .........1,485,476 1,440,2761,391,5731,365,9591,290,1681,292,404 2.8 Street lighting and public authorities .. 50,572 48,643 51,117 52,952 55,030 52,664 (0.8) Total to ultimate consumers ...... 4,105,681 4,036,565 3,898,005 3,911,481 3,896,850 3,784,916 1.6 Sales for resale .................... 312,324 307,759 296,629 294,047 322,436 314,973 (0.2) Net generating capability - 4,418,005 4,344,324 4,194,634 4,205,528 4,219,286 4,099,889 1.5 iourees of electric energy (000's Kwh): 8,116 Generated - Fossil, primarily coal .............. 1,946,916 1,844,564 1,524,106 1,079,576 1,608,895 1,602,903 Steam stations - Nuclear* .................... Nuclear ........................ 1,766,319 2,095,334 1,348,821 1,889,865 1,615,878 1,588,391 350,000 Hydro .......................... 5,153 5,595 3,892 5,517 6,309 6,706 350,000 Fossil ....................... 3,718,388 3,945,493 2,876,819 2,974,958 3,231,082 3,198,000 540,750 Purchased and net interchange ....... 1,076,115 751,634 1,705,080 1,588,615 1,377,310 1,248,647 491,250 499,750 4,794,503 4,697,127 4,581,899 4563,573 4,608,392 4,446,647 155,900 Heat rate (Bra per Kwh generated) ... 11,359 11,212 11,495 11,657 11,591 11,610 Net capability at time of 206,354 206,007 205,959 204,712 204,460 204,290 0.2% peak load (Kw) - 175,693 175,502 175,221 175,039 174,002 173,890 Net generating capability - 8,169 8,143 7,891 8,116 8,533 8,097 Steam stations - Nuclear* .................... 350,000 350,000 350,000 350,000 350,000 350,000 Fossil ....................... 513,750 540,750 541,250 492,250 491,250 499,750 Peaking turbines and others ...... 155,900 1.55,900 156,500 155,900 157,800 157,800 1,019,6501,046,650 1,047,750 998,150 999,050 1.007,550 Purchase capability .............. 90,000 100,000 100,000 149,000 201,250 102,504 1,109,650 1,146,650 1,147,750 1,147,150 1,200,300 1,110,054 Net peak load (Kw) - 60 minutes Integrated ............. 978,322 953,926 922,190 966,935 985,456 930,985 1.0% Number of customers at yearend ........................ 206,354 206,007 205,959 204,712 204,460 204,290 0.2% Residential and rural service: Average number of customers ....... 175,693 175,502 175,221 175,039 174,002 173,890 Average annual Kwh sales 8,169 8,143 7,891 8,116 8,533 8,097 per customer .................... Revenue per Kwh sold ............. 9.201 8.181 SAN 8.171 7.301 6.754 Average annual revenue per customer .................... $751.46 $665.91 $662.98 $663.37 $622.60 $546.46 * Re)nesenu louu Electric's 7o% undivided interest in the Duane Amold Energy Center which k operated by lam Electric. A L R E 1' 0 R T GAS OPERATING COMPARISON -10- Five Year Compound Rate of 1987 1986 1985 1984 1983 1982 Growth 9 Operating revenues (000's): $ 45,245 $ 59,153 $ 68,719 $ 73,089 $ $ 65,219 s Residential ....................... Commercial - firm ................ 18,475 23,986 8,433 27,466 11,032 28,995 12,055 28,123 12,041 25985 11,520 -imerruptible ......... 6,086 3,883 11,961 16,324 17,868 19,815 19,250 industrial -firm .................. interruptible 14,455 21,037 30,968 31,456 29,999 26,743 - ........... Total from ultimate consumers ...... 88,144 124,570 588 154,509 461 163,463 433 161,180 1, 046 148,718 ' Other ........................... 2,026 X90,17012$ 5,15815$ 4,970 $163,896 $162,226 $148,945 Energy sales (000's dekatherms} 10,10 151 13,147 15, 13,015 14,320 (5.2)96 Residential ....................... Commercial - firm ................ 4 3 2,713 2,838 5 374 2,840 5,984 3,065 (5.1) (5.8) -interruptible ......... 2,059 626 2,374 3,474 4,293 4,842 5,630 ( 13.6 Industrial - firm .................. -interruptible ........... 5, 699 6,731 8,261 7,986 7,697 7,378 36,377 (4.2) (6.5) Total sales ...................... 22,851 29831 33,928 34,685 34, 112 - - 100+ Industrial - transported volumes ..... 4,440 27,291 682 30,513 - 33,928 - 34,685 34,112 36,377 (4.6) Total volumes delivered ............ Operating stadadrs: § Gas purchased for resaley3,271 28,954 34,507 34125 , 34,894 35,925 (000's dekatherms) ............... Cost of gas purchased for$140 $ 71,995 $ 99,867 $133,394 $136,603 ,844 $ 125,753 resale (000's) .................... Cost per dekatherm of gas purchased $ 3.45 $ 387 $ 4.00 $ 4.04 $ 3.50 for resale ...:....... . $ 3.09 Sendout capability at time of peak demand (de • • • • • • • ' ' • 251,211 ' 263,986 261,291 261,291 246,384 261,221 272,727 273,942 269,455 (5.0)9 out (dekatherms) . . 195,682 Peak daily sendour 220,836 264,772 132,986 133,165 132,587 131,638 (1.4)rA Number of customers at year•end ... 122,351 126,951 Residential service Average number of customers ........ 107,921 110,480 114,372 114,316 113,603 112,92 Average annual dekatherm sales95 109 115 118 115 127 per customer r. Revenue per dekatherm sold ......... $ 439 $ 4.89 $ 5.23 $ 5.44 $ 5.47 $ 4. 55 Average annual revenue . $ 417.87 $ 535.42 $600.84 $ 639.36 $ 626.77 $ 577,54 � per customer ............... .... ANNUAL. REPORT information concerning the Company aril is not in Connection with any rale, offer m This report b published to provide general sale m solicitation of any offer to Mry any smtrities. The statements in this report are famished solely fm ymo informd figures presented, while accepted by the management as reliable in the operations of the Property, are on amtutt hieh immpllies liability on ourd by us against na m an thracy Ot e Part Of out material (act and are not famished by us not to be used by you'ssim of Y Y officers and dCampani against any rithi your ity de mag the securities any State m Federal .The osAa of this paragraph is ro protest and this 37 //3-5� BOARD OF DIRECTORS IE INDUSTRIES INC. AND IOWA ELECTRIC LIGHT AND POWER COMPANY J. Wayne Bevis (C) President, Chief Executive Officer and Director Roboreen Company (Window and Door Manufacturing) Pella, Iowa Dr. George Daly (A) Dean College of Business Administration The Unitwsity of Iowa Iowa City, Iowa Dr. Salomon Levy (C) President S. Levy Incorporated (Engineering/Management C nendting) Campbell, California Lee Liu (N) (E) Chairman of the Board, President and Chief Executive Offi= of the Company Dr. Leo L. Nussbaum (A) President Emeritus Coe College, Cedar Rapids, Iowa St. Petersburg, Florida Robert D. Rap (N) President, Chief locurim Officer and Director Life Investors Inc. (Insurance and Investment Company) Cedar Rapids, Iowa David IZ Reed (N) Attorney and Counselor at Law Kansas City, Missouri J. B. Rehnstrom Senior Vire President—Finance and Secretary of the Company Larry D. Root Senior Vice President— Operations and Production Jana Electric Light and Power Company Henry Royer (C) (E) Chairman of the Board and President The Merchants National Bank of Cedar Rapids Cedar Rapids, Iowa Richard E. Scherling (A) (E) Retired Merchant Cedar Rapids, Iowa IE INDUSTRIES INC. (E) Member Exeaaim Committee (A) Member Audit Committee (N) Member Nominating Committee (C) Memher Compensation Committee DIRECTORS EMERITUS William O. Gray Attorney at [taw Cedar Rapids, Iowa Dr. James A. Van Allen Carter Professor of Physics, Emeritus The Unitenity of Iowa Iowa City, Iowa Walter E. Brown Chairman of the Board Kiowaoration (Valtea Zinc Die Casting) Marshalltown, Iowa 1 9 8 7 A N N U OFFICERS IE INDUSTRIES INC. Lee Liu Chairman of the Board, President and Chief E=utu s Officer J. B. Rehmtrom Senior Vice President—Finance and Secretary Robert J Kucharski Vice President, Treasurer and Assistant Secretary Thomas J. Pimer Vice President and General C cruel William C. Jurgemen Assistant Secretary IOWA ELECTRIC LIGHT AND POWER COMPANY Lee Liu (54.30) Chairman of the Board, President and Chief Exataim Officer _ J. B. Rehmtrom (57.28) Senior Vice President—Finance and Secretary Larry D. Root(51-17) Senior Vice President—Operations and Production Robert J. Kucharski (55.13) Vice President and Treasurer Dr. Robert J. Latham (45.4) Vice Presider[—Corporate Affairs and Planning - Richard W. McGaughy (57-7) Vice President—Production Thomas J. Pimer (46.9) Vice President and General Counsel Harold W. Relmmer (50.15) Vice President—Engineering Thomas R. Seldon (49.1) Vice President —Human Resources William C. Jurgemen (47.29) Assistant Secretary Figures in parenthesis represent age and Years of service. 38 1135' A L R E P O R T SHAREHOLDER INFORMATION ANNUAL MEETING The annual meeting of the shareholders will be held at 2:00 p.m., Central Daylight Time on Tuesday, May 17, 1988 at the ie: Tower, 6th floor, 200 First Street S.E. in Cedar Rapids, Iowa. A proxy statement with respect to this meeting will be mailed on April 8, 1988. All common shareholders are cordially invited to attend. However, those who are unable to attend in person are urged to promptly sign and return their proxy. STOCK EXCHANGE LISTING IE Industries Inc common stock is listed on the New York Stock Exchange under the symbol IEL. Newspaper listings often use the symbol IE IND. GENERAL INQUIRIES Shareholder inquiries, including the replacement of dividend checks, address changes, transfer or reissuance of stock certificates, and requests from the general public for any financial publications may be directed to: IE Industries Inc Attn: Shareholder Services P.O. Box 351 Cedar Rapids, Iowa 52406 1-800.247-9785 or 319.398.7755 wHERE TO BUY AND SELL STOCK Common stock may be purchased and sold privately or on the open market through a brokerage firm. A shareholder enrolled in the Company's Dividend Reinvestment and Stock Purchase Plan can purchase additional common stock with no brokerage fees through the optional cash future of the Plan. Shares held in the Dividend Reinvestment and Stock Purchase Plan ran be sold through the Plan Administrator upon written request of the shareholder, who will receive all proceeds of the sale less any brokerage commission. DIVIDEND REINVESTMENT AND STOCK PURCHASE PLAN The Company has a Dividend Reinvestment and Stock Purchase Plan which allows shareholders to automatically reinvest their cash dividends in additional shares of common stock. The First National Bank of Chicago acts as the Plan Administrator. A prospectus describing the Plan can be obtained by writing to Shareholder Services. DUPLICATE ACCOUNTS AND MAILINGS Shareholders sometimes receive more than one Annual Report because shares owned by one shareholder may be registered with slight variations in names. The Company is required to mail an Annual Report to each name on the shareholder list unless the shareholder requests that duplicates be eliminated. To eliminate duplicate mailings, please send a written request to Shareholder Services. DIVIDEND PAYMENT DATES Scheduled Dividend Payment and Record Dates for 1988 are: Record Dates Payment Dates March 11, 1988 April 1, 1988 June 10, 1988 July 1. 1988 Sept. 16, 1988 Oct. 1, 1988 Dec. 16, 1988 Jan. 1, 1989 Dividends paid on common stock In 1987 were fully taxable for federal Income tax purposes. 39 1987 FORM 10.1( AVAILABLE ON REQUEST The Company files annually with the Securities and Exchange Commission an Annual Report Form 10•K. This required report contains certain other information not made a part of this report. The Company will be happy to send you a copy of our 1987 Form 10-K without charge. Requests should be made to Shareholder Services. TRANSFER AGENTS The First National Bank of Chicago Chicago, Illinois The Merchants National Bank of Cedar Rapids Cedar Rapids, Iowa IE Indunries Common Stack Iowa Electric Light and Power Company Preferred and Preference Stack REGISTRARS The First National Bank of Chicago Chicago, Illinois Peoples Bank and Trust Company Cedar Rapids, Iowa IE Industries Common Stock loua Electric Light and Power Company Preferted and Preference Stock TRUSTEE The First National Bank of Chicago Chicago, Illinois IE Indiatriea Indenum Imu Electric Light and Power Company Mortgage and Deed of Tnut V3.S City of Iowa City MEMORANDUM Date: July 21, 1988 To: City Council From: City Manager Re: CEBA Grant - Computer Aided Design Software, Inc. (CADSI) You may recall that approximately a year ago, CADSI received approval for a state CEBA grant. We have worked closely with this company and they have recently advised us that the initial projections which led to their request for state assistance appear to be overly optimistic. While there is no appearance that the company has any significant financial diffi- culties they now believe that it would be in their best interest to D9J pursue construction of a new facility. The attached letter is self- explanatory. We recently advised the Iowa Department of Economic Development of their decision and the agreement between CADSI/City of Iowa City and the Iowa Department of Economic Development should be terminated. While this is somewhat of a disappointment, the company assures us of their future interest in expanding. tp3-2 cc: Patt Cain Mom 1-30mi'm //36 6 July 11, 1988 e Patt Cain Economic Development Coordinator g City of Iowa City Civic Center 410 E Washington St. Iowa City, IA 52240 Dear Part: As you are aware the CEBA loan you granted CADSI expires at the end of July. It would be foolhardy of us to attempt to rush out and "do something" at this late date. I believe we have exercised sound fiscal judgement in running CADSI over the past couple of years, and using the current CERA loan would not be in this same vein. At the time we embarked on the original contract it was viewed both by DED and CADSI as an opportunity worth pursuing. CADSI still needs all the help we can get, but it is obviously in both our best interests to Insure success of any actions, not just action for action's sake. CADSiI and appreciate n effort t s put forth on behalf of am hopeful we castillembark onthis Thanks again for your assistance. project at a later date. RLS:rs rte—' Sincerely, Rexford L. Smith President 11" 1111\ -III il:\AI1dl1 li\ :!11�� I city of Iowa city MEMORANDUM Date: July 21, 1988 To: City Council From: City Manager Re: Highway 1 West In May, representatives of the Iowa DOT and City staff met to discuss traffic conditions along Highway 1 West near the commercial area of Jack's, Paul's, etc. The purpose of the meeting was to determine if any traffic improvements could be initiated to alleviate many of the merchant concerns as well as address the general congestion in the area. Accident experience and other traffic volume data were reviewed and a field inspection was made by the IDOT representatives. They have indicated that signalization may be warranted for the intersection of Orchard and Highway 1 West. If the signalization is warranted, following further studies, the project could qualify for State financial assistance. The IDOT representatives have suggested that the City submit the signalization project for consideration, and I have directed the Traffic Engineer to proceed. Conditions along Orchard Street and the frontage road intersection for the access for Carousel Motors were also reviewed. The IDOT representatives were of the opinion that before any intersection signalization could be made, traffic lane improvements may be necessary. This could include a fifth traffic lane for left -turning -vehicles. The IDOT representatives asked for additional information to determine whether such traffic improvements in the area could be substantiated. A widening project would likely be funded in total by the Iowa DOT. If it is justified, the program would be added to their five-year program and would compete for funding based upon the priorities established by the Iowa DOT. In other words, it could be several years before such improvements would be Implemented by IDOT. 113 -2 - Our Traffic Engineering staff is preparing a signalization proposal for Orchard and Highway I West. It is likely that the additional fifth lane/turning lane would be considered by IDOT, but is likely to be much lower in priority. We will continue to monitor the traffic conditions in the area so that at some time in the future we may be in a position to pursue that project. SJA/sp cc: Jim Brachtel, Traffic Engineer I City of Iowa City MEMORANDUM DATE: July 21, 1988 TO: City Council FROM: City Manager RE: Development Assistance Attached is a copy of the new brochure recently prepared to assist Prospective developers. I This is a guide to your local government's land use decision-making process. It attempts to show each step of this process and the average amount of time each step requires. This is a general guide and persons interested in submitting proposals should be aware that some situations may require more time. NOTE: a major assumption of this simplified schedule is that all petitions and proposals meet no concerted resistance or oppositon. Persons interested in submitting proposals are strongly urged to contact the Ciry staff to familiarize themselves further with the local government's land use decision schedule. To discuss your plans with City staff, please call 356-5230. Development Assistance li, Information MI a Rezonfn s g Suhdivislons Planned Developments Large Scale Developmenta :'.e CITY OF IOWA CITY ❑ Pre -Application Conference The pre -application conference is not required, but is highly t 1 daY I recommended to aid in the assurance of a quick efficient process. During this session, the applicant may pick up the application. 0 90 180 0 Application Submission of an application, necessary supplemental materials, and Zdays 1 the appropriate fee at the Civic Center begin the approval process. 0::... 90 I80 13 Planning & Zoning Commission Action The time period forgetting to the formal Planning and Zoning days I EMrequire Commission meeting is approximately 23 days and approval may another 14 days. The applicant is encouraged to attend this 0..,: 90 180 meeting. - ® City Council Action Final approval by the City Council allows the applicant to proceed 30-90 days I with a project. This approval may take between 30 to 90 days from the date of application, depending upon the request... B0 0 Building Permit Application Permits for construction are obtained from the Department of Housing and Inspection Services. The time passed between Council 91 days l action and permit application is determined by. the 0 90 180 contractor/developer. - Q Permit Review & Inspections Approved Building Construction Permits allow the developer to start . 97 days the project, Building prior to this point is not legal _. Qy' 90 180 E3 Inspection & Certificate Upon approval of all the final inspections, the Certificate of of Occupancy Issued Occupancy is issued. The amount of time to occumpany depends 180 days upon the speed of construction. 3 90 180 //3F C E m 0 v a N 'i E O C T .6i F. 7f, J � � N N N g LALn LnLn W v o L M LA Ln M M fun M M vv � O O CL U fT ti. C .� D .o ,7 T P M _ `,.o a E o19 C `� O u _E o 5 ` � 0 9 O /X o 0 o LL dm U o CL f oa � a 0 3 u V 10 Ln T c. a:3 ` -g ° O O v rn Sul m c v ' N C F t p fU CL ° o, rn O B cp c Z+ a Y O O1 c g v n t'i �"r- E D v'oO1 E e eE �' m W IL in av��v2teorso_.� is m W a to ` I -O N to .9 a N C 0 V p ❑ ❑ ❑ 0. ❑ 0 0 0 ❑ ❑ ❑ 11 13 RECEIHoJUL 21 1988 BRUCE D.GODDARD ATTORNEY AT LAW WENT HRANCR 311 IOWA STATE BANE BOILDLYO IOWA CITY 1319, M356 4 IOWA CITY. IOWA 52240 1319.361~041 July 20, 1988 Steve Atkins City Manager Civic Center �v Iowa City, Iowa 52240 Dear Steve: This letter is written in response to the rejection by you, on behalf of the City of Iowa City, of William and Doris Preucil's offer to buy the 100 feet of land immediately to the South of the Preucil School of Music. On behalf of the Preucils, I now submit the enclosed revised offer to buy real estate and acceptance. This second offer to buy increases the purchase price from $4,000.00 originally offered to $7,000.00. I understand that the reason for rejecting the original offer was that this land is considered to be developable as residential property. I question whether this is really developable as residential property, in view of the fact that any house built on this property would, obviously, be located between Preucil School of Music and a city park. Even in its present condition, it is of marginal value as a part, as much of the area is quite gravelly. Again, as I stated in my letter of July 5, 1988, the Preucils are most anxious to get this matter on the agenda as quickly as possible, so your help in this matter would be greatly appreciated. Sin erely, Bru�DGoddard BDG/dp Enclosure A CITY OF IOWA CITY NEWS RELEASE Appointment of Civil Rights Coordinator Contact: Assistant City Manager Ms. Ruby Abebe of Waterloo, Iowa, has been named the new Civil Rights Coordinator for the City of Iowa City. She succeeds Phyllis Alexander who left that position in May to accept a similar position in Allentown, Pennsylvania. Ms. Abebe's appointment was effective July 18, 1988. Ms. Abebe holds a BA degree in English Secondary Education from the University of Iowa and has also completed graduate studies in counseling at the University of Northern Iowa. In 1985, she was appointed by Governor Terry Branstad to serve as a member of the Iowa Civil Rights Commission and was recently elected Chairperson of that seven -member Commission. Dale Helling, Assistant City Manager bj/pc2 /'/ 4 4) CIVIC CENTER 0 410 EAST WASHINGTON STREET • IOWA CITY. IOWA 57710 0 (119) 156.5000 9 City of Iowa city MEMORANDUM DATE: July 21, 1988 TO: City Manager & City Council FROM: Rosemary Vitosh, Director of Finance RE: Parking Ticket Writers The parking ticket writers were repaired and were being used, on the street, by Parking Enforcement Attendants by noon, last Wednesday. The equipment vendor worked with City staff to determine that we had a software problem. It appears that someone had changed the computer program code on the microcomputer thus causing the ticket printers to malfunction. We have, as a result, limited access to the microcomputer to a very few individuals. This will provide additional security in the future. Excluding the software problem, the equipment has been working extremely well and Parking Systems is very satisfied with it. We did today formally accept the equipment and will be paying for it at the end of the month. 0 //r 9 City of Iowa City MEMORANDUM Date: July 20, 1988 To: City Council From: Douglas W. Boot oy, ire for o ousing & Inspection Services Re: Abatement Procedures r Abandoned Buildi gs and Other Nuisances Enclosed in your packet is a proposed ordina a completely revising the nuisance regulations. The need for the revision became apparent when 1 began developing procedures for dealing with the problem of abandoned buildings and found the present ordinance to be inadequate and unenforceable. The proposed ordinance combines most of the City's property -related nuisance abatement procedures into one set of regulations. Furthermore, it provides remedies to correct specific problems (nuisances) through consistent and uniform abatement procedures. Specifically, the proposed ordinance: Combines most of the City's property -related nuisance abatement proce- dures into one chapter. 2. Declares additional problems as nuisances (e.g. abandoned buildings, building construction sites that are not maintained, stormwater deten- tion basins that are not maintained, etc.). (Section 24.101) 3. Defines nuisances more precisely. (Section 24-102) 4. Establishes procedures for 'service of notice' to abate nuisances. Although personal service is required, if after a reasonable effort, personal service cannot be made, the ordinance allows publishing notice in a newspaper and/or posting notice in a conspicuous place on the property. (Section 24-104) 5. Provides an abatement procedure either through administrative or municipal infraction proceedings. Currently this authority is not clearly defined or is scattered throughout several different sections of the Municipal Code. (Section 24-105 and 106) 6. Describes abatement remedies. This ordinance provides numerous remedies (from repair to removal of the nuisance) for the City to use in correct- ing a nuisance. The ordinance also provides that the cost of an abatement action may be assessed against the property. In a municipal infraction proceeding, the fine against the defendant is $100 for the first offense and up to $300 for a repeat offense. (Section 24-107) 7. Provides an emergency abatement procedure. This allows immediate action (without prior notices and opportunity of hearing) by the enforcement officer if a nuisance exists that constitutes an imminent, clear and compelling danger to health, safety or welfare of persons or property. If adopted, this ordinance will ensure a timely correction of nuisances and enable the City to recover direct costs of enforcement. %/7 T. Timmins/D. Boothroy DRAFT 07/22/88 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF IOWA CITY, BY REPEALING ARTICLE VI THEREOF ENTITLED "NUISANCES," AND BY ENACTING IN LIEU THEREOF A NEW ARTICLE VI, TO BE CODIFIED THE SAME, CONTAINING NEW DEFINITIONS, STANDARDS AND PROCEDURES FOR THE ABATEMENT OF NUISANCES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: SECTION I. That Chapter 24, the Code of Ordinances of the City of Iowa City, Iowa, be, and the same is hereby amended by repealing Article VI thereof entitled "Nuisances," and enacting a new article to be codified the same to read as follows: ARTICLE VI. NUISANCES Sections: 24-101. Nuisances Declared 24-102. Definitions 24-103. Nuisances Prohibited - Authority to Abate 24-104. Notice to Abate - Service 24-105. Abatement by Administrative Proceedings 24-106. Abatement by Municipal Infraction Proceedings 24-107. Abatement Remedies 24-108. Emergency Abatement Procedure 24-109. Penalty Sec. 24-101. Nuisances Declared. Whatever is injurious to the senses, or an obstruction to the free use of property, so as essentially to interfere with the comfortable enjoyment of life or property, is hereby declared to be a nuisance. Nuisances shall include, but not be limited to those activities and items hereafter set forth in this section. (a) Refuse, garbage, noxious substances, hazardous wastes. Refuse, garbage, noxious substances, or hazardous wastes, or other offensive or disagreeable substances thrown, left, or deposited by any person, in or upon any street, avenue, alley, sidewalk, park, public square, public enclosure, lot, vacant or occupied, or upon any pond or pool of water; except for: (1) Refuse deposited and stored in accordance with provisions of the garbage, trash and refuse Chapter 15 of the Code of Ordinances of the City of Iowa City, 9 DRAFT 07/22/88 Ordinance No. Page 2 (2) Compose piles established and maintained with written permission from the Johnson County Public Health Department, (b) Vegetation. Any violation of the vegetation Chapter 34 of the Code !: of Ordinances of the City of Iowa City. F(c) Diseased or damaged trees or shrubs. Any dead, diseased or damaged i F trees or shrubs, which may harbor serious insect or disease pests or - ! disease injurious to other trees is hereby declared a nuisance. Any dead, diseased, damaged, or healthy tree or shrub which is in such a ? state of deterioration that any part of such tree may fall and damage sproperty or cause injury to persons is hereby declared to be a nuisance. (d) Ditch, drain, or stormwater detention basin. Any ditch, drain or' watercourse, which is now or hereafter may be constructed so as to prevent the surface and overflow water from the adjacent lands entering or draining into and through the same. Any stormwater detention basin not maintained in an appropriate manner so as to allow its proper function. (e) Stagnant water. Stagnant water standing on any property. Any property, container, or material kept in such a condition that water can accumulate and stagnate. (f) Vermin harborage.' Conditions which, in the opinion of the enforce- ment officer, are conducive to the harborage or breeding of vermin. (g) Vermin infestations. Infestations of vermin such as rats, mice, skunks, snakes, bats, starlings, pigeons, bees, wasps, cockroaches, or flies. (h) Sanitary sewer facilities. Facilities for the storage or processing of sewage, such as privies, vaults, sewers, private drains, septic tanks, cefspools, drain fields which have failed or do not function properly or which are overflowing, leaking, or emanating odors. Septic tanks, cisterns, cesspools, which are abandoned or no longer in use unless they are emptied and filled with clean fill. Any vault, cesspool, or septic tank which does not comply with the Johnson County Department of Health regulations. (i) Unsecured/unoccupied buildings. Unoccupied buildings or unoccupied portions of buildings, which are unsecured. (j) Dangerous buildings or structures. //T � I DRAFT 07/22/88 Ordinance No. Page 3 i (k) Abandoned buildings. ,f, (1) Hazards. Any thing or condition on the property which, in the determination of the enforcement officer, may contribute to injury of r any person present on the property. Hazards shall include but not be limited to open holes, open foundations, open wells, dangerous trees f' or limbs, abandoned refrigerators, or trapping devices. s (m) Fire hazards. Any thing or condition on the property which in the opinion of the enforcement officer creates a fire hazard or which is in violation of the fire code. (n) Health hazards. Any thing or condition on the property which in the opinion of the enforcement officer creates a health hazard or which is in violation of any health or sanitation law. (o) Noise. Any violation of the noise Chapter 24.4 of the Code of Ordinances of the City of Iowa City. (p) Snow removal. Any violation of Division 3, Ice and Snow Removal, Sections 31-120 - 31-124 of the Code of Ordinances of the City of Iowa City. (q) Junkyard or salvage operations. All junkyard or salvage operations except as permitted by ordinance. (r) Obstruction of right-of-way or public place. The obstructing or encumbering by fences, buildings, structures, signs or otherwise of public streets, alleys, sidewalks, and commons, except as permitted by ordinance. Any use of a public street or sidewalk, or any use of property abutting a public street or sidewalk, which causes large crowds of people to gather so as to obstruct pedestrian or vehicular traffic or other lawful use of streets or sidewalks, except as permitted by ordinance. (s) Inoperable/obsolete vehicle. The storage, parking, leaving, or permitting the storage, parking, or leaving of an inoperable/obsolete j vehicle upon private property within the city for a period in excess of forty-eight (48) hours, unless excepted herein. This subsection shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a junkyard, or auto and truck oriented use operated in the appropriate zone, pursuant to the zoning laws of the City of Iowa City. 9 DRAFT 07/22/88 Ordinance No. Page 4 (t) Unlawful sale, use, or manufacture of intoxicating liquors. Any building or place in or upon which the unlawful manufacture or sale or keeping with intent to sell, use or give away of intoxicating liquors is carried on or continued or exists. (u) Vehicle parked on private property, The parking of motor vehicles upon private property without the consent of the property owner or responsible party. (v) Mud, dirt, gravel, and other debris. The depositing or allowing the depositing of any mud, dirt, gravel, or other debris in violation of Chapter 31 of the Code of Ordinances of the City of Iowa City. (w) Building construction sites. Building construction sites maintained In violation of the Building Code. (x) Other nuisances. Any nuisance described as such by Chapter 657 of the Code of Iowa. Sec. 24-102. Definitions. (a) Abandoned building. Abandoned building shall mean any building or portion of building which has stood with an incomplete exterior shell for longer than two years or any building or portion thereof which has stood unoccupied for longer than one year and which meets one or more of the following criteria: (1) Unsecured, or (2) Having housing code or building code violations. (b) Dangerous building or structure. Dangerous building or structure shall mean any building or structure determined by the Enforcement Officer to endanger the health, safety, or welfare of persons or property, or which is in violation of the Uniform Code for Abatement of Dangerous Buildings. (c) Enforcement officer. Enforcement officer shall mean the City Manager or employees designated by the City Manager to enforce this article or his/her duly authorized representatives. (d) Hazardous waste. Hazardous waste shall mean those wastes included by definition in Section 455B.411(3)(a) Code of Iowa and the rules of the Iowa Department of Water, Air and Waste Management. (e) Inoperable/obsolete vehicle. An "inoperable/obsolete vehicle" shall be defined as any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting 7 I DRAFT 07/22/88 Ordinance No. Page 5 devices moved by human power or used exclusively upon stationary rails or tracks, and shall include without limitation motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon or any combination thereof, and which is not licensed for the current year as required by law and/or which exhibits any one of the following characteristics: a. Broken glass. Any vehicle or part of a vehicle with a broken windshield, or any other broken glass. b. Broken or loose parts. Any vehicle or part of a vehicle with a broken or loose fender, door, bumper, hood, wheel, steering wheel, trunk top, or tailpipe. c. Missing engine or wheels. Any vehicle which is lacking an engine or one or more wheels or other structural parts which renders such vehicle totally inoperable. d. Habitat for animals or insects. Any vehicle or part of a vehicle which has become a habitat for rats, mice, or snakes or any other vermin or insects. e. Defective or obsolete condition. Any vehicle or part of a vehicle which, because of its defective or obsolete condition, constitutes a threat to the public health and safety. f. Inoperable condition. Any vehicle that is not capable of moving in both forward and reverse gears. (e) Noxious substances. Noxious substances shall mean substances, solid or fluid, which are offensive, detrimental to health, hurtful, or dangerous. Noxious substances shall include but not be limited to any dead animal, or portion thereof, putrid carcass, decayed animal matter, green hides, or any putrid, spoiled, foul, or stinking beef, pork, fish, offal, hides, skins, fat, grease, liquors, human or animal excrement, or manure. (f) Owner. Owner shall mean the person or persons who are the record owners of real property according to the records of the Johnson County department of property taxation. (g) Refuse. Refuse shall mean any putrescible and non-putrescible and combustible and non-combustible waste, including paper, garbage, material resulting from the handling, processing, storage, prepara- tion, serving and consumption of food, vegetable or animal matter, 9 DRAFT 07/22/88 Ordinance No. Page 6 offal, rubbish, plant waste such as tree trimmings or grass cuttings, ashes, incinerator residue, street cleanings, construction debris, and solid industrial and market wastes. (h) Responsible party. A responsible party shall be any one or more of the following: a. Agent, b. Assignee or collector of rents, C. Holder of a contract or deed, d. Mortgagee or vendee in possession, e. Receiver or executor or trustee, f. Lessee, g. Other persons, firm or corporation exercising apparent control' over a property. Sec. 24-103. Nuisances Prohibited - Authority to Abate. The creation or maintenance of a nuisance is unlawful and prohibited and shall constitute a misdemeanor or a municipal infraction. (a) The city manager and enforcement officers designated by the city manager are authorized to abate nuisances in accordance with the procedures set forth in this article. Nuisances may be abated by utilization of either the administrative abatement process or the municipal infraction process, as hereafter provided. Sec. 24-104. Notice to Abate - Service. (a) The City Manager or any enforcement officer designated by the City Manager are hereby authorized to serve upon the owner or responsible party of the property upon which the nuisance is being maintained, or upon the person or persons causing or maintaining the nuisance, a written notice to abate as prescribed below. (b) When service of a notice to abate is required, the following methods of service shall be deemed adequate: (1) By personal service upon the owner and/or responsible party of the property upon which the nuisance exists. (2) If, after reasonable effort, personal service cannot be made, any two of the following methods of service shall be considered adequate: (1) sending the notice by certified mail, return receipt requested to the last known address; (2) publishing the notice once a week for two consecutive weeks in a newspaper of DRAFT 07/22/88 Ordinance No. Page 7 general circulation in the City of Iowa City, Iowa; or (3) by posting the notice in a conspicuous place on the property or t; building. i (3) If an intended recipient of notice cannot be found and if j his/her address cannot be determined after reasonable effort, by posting a copy of the notice in a conspicuous place on the property and by publishing the notice for two consecutive weeks in a newspaper of general circulation in the City of Iowa City. Sec. 24-105. Abatement by Administrative Proceedings. y (a) Content of Notice. In the event the enforcement officer decides to abate a nuisance administratively, the notice to abate shall include the following information: (1) Description of what constitutes a nuisance, citing the appropriate Code section. 4 (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified time period. (4) The notice shall advise that, upon failure to comply with the order to abate, the City shall undertake such abatement and that the cost of abatement may be assessed against the property for collection in the same manner as property taxes. (5) The notice shall also advise as to the opportunity for an administrative hearing and that failure to request such a hearing within the time specified in the notice shall constitute a waiver of the right to a hearing and that said notice shall thereafter become a final determination and order to abate. i (b) Administrative hearing. The hearing shall be held before the City Manager or his/her designee, and shall be in accordance with the procedurof of Section 2-184 through Section 2-187, except as herein otherwise provided. The City Manager's determination and order shall be appealable to Johnson County District Court by writ of certiorari. The order shall not be carried out until the time for filing the writ of certiorari has expired. Sec. 24-106. Abatement by Menicipal Infraction proceedings. (a) Content of notice. In the event the enforcement officer decides to abate a nuisance through the municipal infraction process, the notice to abate shall include the following information: 9 DRAFT 07/22/88 Ordinance No. Page 8 (b (a) (b) (1) Description of what constitutes a nuisance, citing the appropriate Code section. (2) Description of the action necessary to abate the nuisance. (3) The order to abate within a specified time period. (4) Explanation that failure to abate the nuisance within the time specified will result in the issuance of a civil citation charging the owner or responsible party with a municipal infraction. (5) Explanation that each day that a nuisance is permitted to continue constitutes a separate offense. (6) Explanation that upon being found guilty of a municipal infrac- tion, the court is authorized to order abatement, assess the costs of abatement against the property and/or enter them as a judgment against the defendant, and assess a civil penalty against the defendant. Issuance of civil citation. In the event that the nuisance is not abated as ordered and within the time specified in the notice to abate, the enforcement officer may issue a civil citation to the property owner or responsible party, charging that person with a municipal infraction. The enforcement officer shall not be required to give notice to -abate prior to issuance of a civil citation for a repeat offense involving the same property and occurring within one year of a prior violation. Sec. 24-107. Abstenient Randies. Abatement may include but shall not be limited to repair, removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, repairing a building or structure, boarding unoccupied buildings, barricading or fencing, removing dangerous portions of buildings or structures, and demolition of dangerous structures or abandoned buildings. The cost of abatement may be assessed against the property for collection in the same manner as property taxes. Abatement costs shall include the cost of removing or eliminating the nuisance, the cost of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs; and other related administrative costs. if an inoperable/obsolete vehicle is not sold //7� I DRAFT 07/22/88 Ordinance No. Page 9 or if the proceeds of such sale or redemption are not sufficient for payment of the cost of abatement, storage, and sale of said inoperable/obsolete vehicle, such cost or the balance of such cost may be assessed against the property for collection in the same manner as a property tax. (c) In a municipal infraction proceeding for the abatement of a nuisance, the following abatement remedies shall be available and may be ordered by the court: (1) Place a judgment against the person and/or property of the defendant for the costs of abatement. (2) Levy a civil penalty (fine) against the defendant of up to one hundred dollars ($100.00) for the first offense and up to two hundred dollars ($200.00) for repeat offenses. (3) Order abatement of the nuisance in any manner as provided in this article. (4) Assess costs of abatement against the property for collection in the same manner as property taxes. Sec. 24-108. Emergency Abatement Procedure. When the enforcement officer determines that a nuisance exists on a property and the nuisance constitutes an imminent clear and compelling danger to health, safety or welfare of persons or property, the enforce- ment officer is authorized to abate or have abated the nuisance without prior notice and opportunity of hearing. Cost of such action may be assessed against the property for collection in the same manner as property tax. However, prior to such assessment, the city shall give a property owner notice by certified mail and the opportunity for an administrative hearing in accordance with the procedures of Section 24- 105. Sec. 24-109. Penalty. Any person or responsible party who violates any provision of this article or fails to comply with a lawful written order issued pursuant to this article is subject to the remedies listed in Section 24-107 and shall be guilty of a simple misdemeanor or municipal infraction. Each day such person or responsible party shall not have complied with the provisions of this article shall be construed as a separate violation and a repeat offense. 9 DRAFT 07/22/88 Ordinance No. Page 10 SECTION II. REPEALER: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. Those are: SECTION III. SEVERABILITY: If any section, provision or part of the Ordinance shall be adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitu- tional. SECTION IV. EFFECTIVE DATE: This Ordinance shall be in effect after its final passage, approval and publication as required by law. Passed and approved this MAYOR ATTEST: CITY CLERK 11 1 City of Iowa City MEMORANDUM Date: 7-21-88 To: City Manager City Council From: Lyle G. Seydel, Housing Coordinator SUBJ: Assisted Housing Rule Changes 1. The final rule to implement a statutory directive to give preference in the provision of Housing Assistance to certain families was published January 15, 1988. HUD implementation notice was published May 12, 1988 and was received by the Iowa City Housing Authority (ICHA) June 20, 1988. The statutory directive was that all PHAs must implement the rule no later than July 13, 1988. The rule has been implemented by the ICHA. We are in the process of changing the Policies for Admission and Participation. Our Policy Booklet was changed in March 1987. There have been some other minor changes that will be incorporated and presented to council for adoption during early September. This statutory amendment is referred to as "Federal Preference". Assistance must be offered first to those eligible persons/families on the waiting list that are; a. Living in Substandard Housing. b. Involuntarily displaced. c. Paying more than 50 percent of family income for rent. All applicants will be offered the opportunity to "Self Declare" a Federal Preference at the time of application. Third party written verification must be obtained at the time a certificate/voucher/unit is actually offered. Implementation by the ICHA will have little effect on current operations and procedures. Perhaps 95% of all applicants do meet at least one of the Federal Preferences, therefore, date of application is the determining factor, The ICHA m_y, permit a maximum of 10% of non preference applicants to receive assistance ahead of those with a Federal Preference. 2. The ICHA was notified by Dee Moines office that the Authority has achieved the status, "Recognised Performer". Copy of the letter is attached. In essence achieving this status means, for the Public Housing Program, fewer inspections and audits by HUD and provides the Authority a little more freedom in Budgetory matters. //�3 RECEIVED JUL - 8 1988 U.S. Department of Housing and Urban Development Des Moines Office. Region VII '. Federal Building 210 Walnut Street Room 259 Des Moines. Iowa 50109-2155 July 6, 1988 Mr. Lyle C. Seydel Housing Coordinator Iowa City Housing Authority Civic Center - 410 East Washington Street Iowa City, IA 52240 Dear Mr. Seydel: SUBJECT: Confirmation of PMA Decontrol Certification I am pleased to confirm the status of your Authority as a Recognized Performer under the Public Housing Decontrol Handbook 7460.5, based upon this office's verification of the Decontrol Certification dated April 22, 1988. The areas of relief identified in Chapter 3 of the Decontrol Handbook are effective for your Authority beginning on July 1, 1988. Note also that the other areas of relief which are applicable to all PHAs, as described in Chapter 4 of the Decontrol Handbook, became effective upon publication of the Decontrol Handbook. If you have any questions or if we can be of any further assistance, please contact Mary Douthard at (515) 284-4840. Sincerely. 670/OQ� Jerry L. Bauer Manager 6 City of Iowa City MEMORANDUM Date: July 13, 1988 To: Iowa City City Council From: Ron O'Neil, Airport Manager Q... Re: Revised Airport Layout Plan The revised Airport Layout Plan (ALP), updating the 1982 Master Plan, is in the final stages of preparation. The Howard R. Green Company will present the final plan for review by the Airport Commission at their July 21, 1988, meeting. Upon presentation and approval by the Commission, ALP will be submitted to the FAA for review and approval. It is the intention of the Commission to submit the plan to the FAA by the last week in July or in early August. The following changes are proposed: 1. Relocating the threshold of Runway 30 475 feet and retract the clear zone accordingly. 2. Displace the threshold on Runway 12 275 feet. 3. Widen the clear zone on Runway 24. 4. Widen the clear zone on Runway 06 and extend the runway 145 feet. This will provide a total runway length of 4,500 feet. These changes will provide the proper layout to proceed with the improvements depicted in the Master Plan. This will allow the Airport to provide for the changing needs of the community and compliment the Comprehensive Plan to promote orderly growth in the Iowa City area. bdw3/12 //0r IOWA CITY & CORALVILLE CONVENTION & VISITORS BUREAU Commerce Center 325 E. Washington July 21, 1988 P.O. Box 2338 Iowa City. Iowa 52244 (319) 337-6592 Mayor and City Council City of Iowa City 410 E. Washington St. Iowa City, IA 52240 Dear Mayor and City Council: Will you consider a supplemental appropriation, from the hotel/ motel tax fund, of $5,000 to be used specifically for the bureau's restricted loan fund? The bureau established a restricted loan fund following the 1985 Junior Olympics to encourage local organizations to bring major events or activities to our community. The money is loaned on the basis of: 1) projected economic impact of the event; 2) projected number of visitors that will overnight in the hotels/ motels, (thus increasing the hotel/motel tax fund). When it is loaned, it is on the basis it will be paid back when the event is concluded. Like all loans, the bureau realizes that may not always be possible. This year we have an extraordinary amount of requests for this loan fund, from a World Ag Expo tourist train to a major national girl's softball tournament. All these events will boost our local economy and are candidates for the loan fund. Please consider a supplemental appropriation of $5,000 this year, with the understanding it will not be used for the bureau's operating or promotional budget.. It will placed in the. restricted loan fund and it sbould always remain there on a revolving basis. Also note, your council has a seat on the bureau's board of directors.(now held by Darrel Courtney) to ensure your bureau allocations are properly utilized. Thank you -and beat wishes. Yours truly, 131J�o Renee Jedlicka Executive Director 11K Heritage Cablevision C•� i46 4ntthgaL Accnuc P.O. Boy 4i� Iowa Citv, Iowa 5224Q il�•3i1.3�8a July 21, 1988 RECEIVED JUL 211988 Mr. Drew Shaffer City of Iowa City 410 East Washington St. Iowa City, Iowa 52240 Dear Drew: Beginning with the August billing, a 5% franchise fee will be added to all Iowa City cable statements. This 5% fee is in accordance with our recent agreement and also the 1984 Cable Act. Thia,%allows for Heritage to recover the increase in franchise fees as well as those fees which are retroactive per this agreement. There will be a short billing message to explain this new line item. If you have any questions, please do not hesitate to call. Sincerely yours, luwAm1. &^/- William L. Slough President and General Manager WLE/je 6 July 19, 1988 HEARTLAND MANAGEMENT COMPANY 534 42nd Simi Des Moines Iowa 50312 Itf 1/is RECEIVED JUL 201988 (515) 274 •4892 The Honorable John McDonald Mayor of Iowa City 410 East Washington Iowa City, Iowa 52240 Dear Mayor McDonald: Our firm manages Cedarwood Apartments in Iowa City. Enclosed is a letter we received from the residents there regarding recent articles in The Iowa Press Citizen. Sincerely Yours, Heartland Management Company gan Roseliep, CP Vice President/General Manager cc: Mr. Lyle Seydel Housing Coordinator City of Iowa City 9 TO: THE CITY EDITOR THE IOWA PRESS CITIZEN FROM: RESIDENTS OF CEDARWOOD APARTMENTS SUBJECT: OUR RIGHT TO PRIVACY We the residents of Cedarwood are very upset with the. articles that ran in your paper July 8th and 9th. It is hard to believe that a paper of your caliber would print such a one-sided story without gathering the facts from the other side. Cedarwood has been made out to look like a ghetto when nothing could be further from the truth. The paper in its effort to paint such a bleak story did not take into consideration how the residents might feel about it. Do you think it will still be easy to hold up our heads with pride after that article? It is quite interesting how your article only printed the view of a minority and even some of them made mention of how their words were taken out of context. The majority of us were not even approached. So much for the hatchet job the reporter did on this story. There is a positive side if anyone would care to listen. The majority of us are not sitting around waiting for someone to wave a magic wand and fix things. We are working, or in school to better ourselves. Some are even choosing to stay home with their children to raise them into fine adults. Some of the mothers are young,but what does age have to do with ones ability to raise children. The majority of us are not young mothers unless you consider late twenties and early thirties young. Any problems that Cedarwood allegedly is facing will only escalate now. Who gave you the right to move in on us? We would prefer to be left alone to live our lives like the rest of the world in the comfort of our own homes without outside interference. We do not want nor have we ever asked for help from Joan Vanderberg or anyone else connected with this Willow Creek Center. Why not donate that money to some worthwhile charity. There are millions of homeless people right here in the United States. Please just leave us in peace. Y,LNY-,% I dL� ole . cc:Daily Iowan Des Moines Register 6 Tribune Cedar Rapids Gazette KGAN-TV KCRG-TV 1leartland Management Barbara Fick Joan Vandenberg 017 City of Iowa City MEMORANDUM Date: July 22, 1988 To: City Council From: City Manager Re: Preucil School I recently received a proposed purchase offer from Preucil for the City owned land immediately adjacent to the School. The attorney representing Preucil made an offer of $4,000 for the land. In order to determine some measure value of this abandoned road right-of-way, our land acquisition specialist reviewed the general property values in the area and has advised me that she believes the land is worth more. I suspect this matter will receive some close public scrutiny, parti- cularly from the neighbors who are opposed to the expansion of Preucil. I intend to contact the Preucils attorney and advise that the offer is unsatisfactory. My strategy in this matter has been to balance the neighborhood interest and general complaints concerning the desirability of permitting the expansion of the Preucil School. Due to the fact that the City government plays a critical role, the sale of the land to Preucil, I assume you wish to make sure a reasonable value is applied to the property. Additionally, any funds that will be generated from the sale could be, based upon your policy decision, channeled directly back to park improvements in the area. I will keep you advised. tp2-6 /TV I 4 r r City of Iowa City MEMORANDUM _ DATE: July 20, 1988 TO: City Council FROM: City Manager RE: Chamber of Commerce Economic Trends 1988 The attached report was prepared for the Chamber of Commerce. An interesting summary report. cc: Department Directors Patt Cain /�Ir�M RECEIVEDJUL 7 198 IOWA C1�1f �� AREA / CHAMBER OF COMMERCE Serving the Iowa City, Coralville, and Johnson County Area July 5, 1988 Re: 1988 Survey of Johnson County Economic Trends Attached is a copy of the 1988 Survey of Johnson County Economic Trends. This survey was prepared by Carlson, Harris, McClure & McWilliams, Inc., at the request of the Iowa City Area Chamber of Commerce as a service to the Chamber membership. Any questions on this survey should be directed to Casey Cook of Carlson, Harris, McClure & McWilliams, Inc., or Pat Grady, Executive Vice President of the Chamber of Commerce. The report focuses upon the University of Iowa enrollments and population changes, retail sales figures, employment statistics, and building permits in the Iowa City/Coralville/Johnson County area. The time period covered ranges from four to eight years. We have included a brief summary of findings on page 1. Additional copies of this report are available at the Chamber office. Reprints of this information are prohibited without the written consent of Carlson, Harris, McClure & McWilliams, Inc. The Chamber would like to thank Carlson, Harris, McClure & McWilliams, Inc., for providing this information. Carlson, Harris, McClure & McWilliams, Inc., is a full service real estate consultation and appraisal company serving the Midwest with offices in Des Moines and Iowa City. They are members of the Iowa City Chamber of Commerce. Iowa City Area Chamber of Commerce P.O. Box 2358 Iowa City, Iowa 52244 319.337.9637 //V-9 9 F Umffggmo �3� rflao I�c�C�Il�po is �fc�C�JgIlIl���afl .s° -: Consultants and Appraisers of Real Estate John W. Judge. SRA RC51dt•Il l l:d 11:InJ lt'! William S. Carlson. MAI Scott D. Harris, MAI, SRPA. SRA Judy Zwanziger Clifford T. McClure. MAI, SRA 14r1r =on ober,, 'ltd E. McWilliams. MAI, SRA Harry A. Wine ln¢ar. nvM1IAI Jrnn CITY AND REGIONAL INFORMATION summary The greater Iowa City population has increased slightly, despite losses in population statewide over the past five years. This is due to the higher number of students which has offset the drop in non -student population. Radical changes in the enrollments have not been evident despite declines in the college age population. It would appear the University is attracting a larger proportion of a declining applicant pool. Even so, enrollment in the next five years can be expected to decline by 18 to 2% per year. Since the student population comprises approximately three fifth of the total population, city wide population will decrease as a result. Despite serious problems in the State's agricultural economy, Iowa City has been insulated by the worst effects. Expansion in the public sector economy generated more than half of the new jobs between 1980 and 1984. Recent employment figures indicate a loss in public sector jobs from 1985 to 1987, which has been offset by increases in private employment. Sustained job growth over the next five years is unlikely in view of the declines in the public sector. Iowa City and Coralville are continuing to attract retail sales from smaller towns and outside the county. This trend should continue, but unlike years past, it is no longer accelerating. Johnson County has proven its ability to compete successfully with Linn County over the past two years. Modest growth is likely in this sector. Construction is likely to be stable. Single family construction has continued to be strong. The previous glut in multi -family housing has been absorbed and a healthy balance has been restored between supply and demand. The declines in enrollment and population should increase vacancy factors slightly and slow rental increases. This impact will be felt more strongly by units located more than a mile from the University. 800 Midland Financial Building ■ Des Molncs, Imre 50909 ■ 51512.61.2257 loin City - Cedar Rapids Office: Bryan "Casey" Cook 2 P.O. Box 27 0 Iowa City. town 522.14 ■ 3101351•20P1-0 Location, General Description Iowa City is located in east central Iowa approximately, one hour west of the Mississippi River via Interstate 80. It is the county seat and population center of Johnson County. Iowa City is within one day ground traveling distance to many of the Midwest's major population centers, such as Chicago, Milwaukee, St. Louis, Kansas city, Omaha, The Quad Cities, and The Twin cities. Iowa City lies 30 miles south of Cedar Rapids and 110 miles east of Des Moines. Due to the physical proximity of Coralville and Iowa City, many services and factors influencing trends and markets are common to both. The University of Iowa is the dominant characteristic and the arbiter of future trends in the city and regional economy. The University of Iowa Enrollment Enrollment at the University of Iowa increased from 1980 to 1984 by 4,612 students or 18%. The fall enrollment in 1985 was the first decline. This subsequent trend has continued through the spring of 1987. The enrollments are summarized on the following table. UNIVERSITY OF IOWA ENROLLMENT 1980 25,100 1981 26,464 1982 28,140 1983 29,599 1984 29,712 1985 29,651 1986 29,504 1987 29,133 Figures reflect fall enrollments. Source: Registrar 335-0217 According to Mr. David Jensen of Kirkwood Community College, the total number of high school seniors who immediately attended college dropped from 22,808 in 1980 to 21,540 in 1984 or approximately 5.6%. These declines were not felt by the University of Iowa, which saw enrollments increase 18% over the same time period. These increases are thought to be caused by the return of older students who did not attend college immediately after high school. Enrollment for 1987 dropped 371 students from the previous year. This drop indicates the trend of enrollments for approximately the next five years beginning in 1985. The University predicts Caaflg�cri, IEa88fl©, RE@Cfimu@ Lo RE, @u.iEZEEaaLg, -aI:/4 drops in enrollment, which are considerably more drastic than historical trends indicate. Considering the number of students living off campus and the number of students per household, a 371 drop in enrollment will cause demand for apartments to drop by approximately 8o units. Public Schools The Iowa City Community School System provides a quality education to the community, as indicated by a history of high rankings in various scholastic tests and the relatively large number of national merit scholars. Two high schools, two junior high schools, and 15 elementary schools serve the area. Additionally, private education is available from two Catholic schools serving grades 1 through 12. Coralville is included in the Iowa City School District. Public school's enrollments have been as follows: 1980 8,451 1981 8,256 1982 8,259 1983 8,226 1984 8,278 1985 8,481 1986 8,660 1987 8,819 since 1984, annual increases are slightly over 2%. This is a positive sign, although continued increases are necessary for the enrollment trend to have a significant impact on the local economy. Enrollments have recouped losses experienced in the early Bo's. Population Characteristics According to figures published by the State Demographer's office, the population of the Iowa City metro area, including University Heights, Coralville, and Iowa City, has increased from 1980 to 1984 by 2.5% or 1,586 individuals. This trend runs counter to nearly all of the major metropolitan areas in the state. only Council Bluffs was able to maintain its population through the early 801s. The higher population in Iowa City is attributable to the increase in the University enrollments during that time period. It should be emphasized that population figures include both students living off campus and those living in University owned housing. Based on historical data and projections by the University of Iowa's Office of Academic Affairs, declines in enrollment are expected over the next five years. Unless these declines are made up in economic expansion in the private sector, Iowa City will experience a declining population. Retail Sales Comparisons show that despite the growing strength of the Cedar Rapids' economy, Iowa City has begun to hold its market position in terms of actual retail sales growth in 1986 and 1987. The 1987 sales figures show increases in Linn County (Cedar Rapids) at 6.32* compared to Johnson County at 10.08%. In 1986, the growth rate was 3:50% for Linn and 3.41% for Johnson. County Retail Sales Expressed in $,000's (City) 1984 1985 1986 1987 ---------------------------------------------------------- Percentage Change Polk 2,477,747 2,617,999 2,815,296 3,055,115 (Des Moines) 5.66% .7.54% 8.52% Linn 1,062,947 1,137,896 1,177,697 1,252,167 (Cedar Rapids) 7.05% 3.50% 6.32% Scott 919,087 985,001 1,007,055 1,033,880 (Davenport) 7.17% 2.24% 2.66% Black Hawk 692,216 701,204 684,307 710,522 (Waterloo) 1.30% -2.41% 3.83% Woodbury 583,756 594,906 601,706 631,238 (Sioux City) 1.91% 1.14* 4.91% Dubuque 450,331 457,978 476,718 500,638 (Dubuque) 1.70% 4.09% 5.021% Pottawattami 345,160 352,290 352,174 386,699 (Council Bluffs) 2.07% -.03% 9.80% Johnson 424,458 441,737 456,819 502,854 (Iowa City) 4.07% 3.41% 10.08% State 14,180,662 14,542,220 14,789,014 15,588,804 2.55% 1.70% 5.41% In the past year, Iowa City added a 45,000 square foot Econo Foods grocery store with an adjacent strip mall, which adds Offiano mo ffi©Srtt,©, Ilvil@GamB© G2 5 another 55,000 square feet. A new Target Store opened in the Coralville strip in late 1987. Retail sales should continue to grow in Iowa City, but at a slower pace than Cedar Rapids and at the expense of the smaller towns in Johnson County. The exception to this trend is Coralville. The table below demonstrates the relative changes between Coralville, Iowa City, and the rest of Johnson County. The increasing percentage of total county sales flowing to Coralville and Iowa City has finally slowed after three years of acceleration. RETAIL SALES, JOHNSON COUNTY TOWNS 6 CITIES axsvaaaasmo--�-----�aa�aas�aa�saxase 1984 1985 1986 1987 Change Sales Sales Sales Sales 86 to 87 ($000) ($000) ($000) ($000) Iowa City $319,876 $339,345 $353,077 $391,725 10.95% Coralville $66,448 $67,716 $72,644 $78,006 7.38% Lone Tree $1,805 $1,939 $1,868 $1,777 -4.87% Oxford $1,500 $1,446 $1,573 $1,576 .19% Solon $3,881 $3,786 $4,046 $4,297 6.20% Hills $2,109 $2,222 $2,103 $2,861 36.04% North Liberty $4,155 $3,326 $3,114 $3,721 19.49% Swisher $2,237 $1,850 $1,155 $1,871 61.99% Tiffin $1,476 $1,594 $1,628 $1,725 5196% Total $403,487 $423,224 $441,208 $487,559 10.51% Information for both tables is from the Iowa State Sales and Use Tax Reports Published by the Department of Revenue, Research and Management Services Division. Industrial Base and Employment Total employment has increased approximately 2.6% per year from 1981 to 1987. In terms of creating new jobs, the relative importance of the government sector has declined significantly since 1985 with a loss of 800 jobs. The manufacturing sectors along with retail and wholesale trade have remained fairly constant. Losses in government employment has been offset by private expansion in service, construction, and financial services, as well as, utilities and transportation. Unemployment has exceeded 5% only once in the past six years. Total employment increased from 1986 to 1987 by 700 jobs. These figures are summarized on the following table. //O9 JOHNSON COUNTY EMPLOYMENT Mfg Retail/Service/ Govt Fin/RE/ Trans/ Total Whtsale Constr Ins i 1981 3,450 8,220 7,360 21,650 1,130 930 42,740 1982 3,260 8,320 7,500 22,630 1,150 870 43,730 1983 3,700 8,500 7,900 23,100 1,200 900 45,300 1984 3,790 8,080 6,700 23,360 1,190 890 44,010 1985 4,000 8,900 8,100 24,700 1,300 1,100 48,100 1986 3,700 9,100 8,900 24,400 1,500 1,100 48,700 1987 4,000 9,100 9,400 23,900 1,700 1,300 49,400 %Change 8.11% .00% 5.62% -2.05% 13.333 18.18% 1.44% (1986-1987) Source: Iowa City Job Service, Tom Bullington 351-1035 State Job Service, Ann Wagner 515-281-8182 Figures reflect average annual employment as of year end. Housing The -Iowa City-Coralville area generates a large demand for rental housing due to the student population. According to the University, approximately Sat of the students live off campus, 10.1% commute, and the remainder live in dorms, Greek houses, or University owned family housing. This would suggest that students create a demand for approximately 6,800 privately owned units at assuming an average of 2.5 students per unit. According to the Iowa City Building Department, the various components for Iowa City of the total housing stock as of April, 1986, are as follows: Owner Occupied Renter Occupied Single Family 7,223 692 Duplex N/A 1,770 Mobile Home 1,107 N/A Rooming Houses N/A 1,704 Multi-Family N/A 7,066 In a three year period beginning in 1982, the metro area saw construction of 2,600 multi family units. This represented (5mBIl@(DM , IvaErs6@p REC&0;s8s0 Q RE@INEEL fiEffLg, %/41% I 9 an increase in multi -family housing stock of over 408. The following table summarizes building permits issued since 1980. This table includes Iowa City, Coralville, and the single family permits for unincorporated Johnson County. Single family construction has fluctuated in two year cycles and is currently experiencing strength. Multi -family housing boomed between 1982 and 1984. In recent years, multi -family housing in Coralville has come to a near standstill, while Iowa City construction has dropped to a fraction of 1984 levels. Recent construction has concentrated within one mile of the Pentacrest. (Pentacrest is the term used to describe the five buildings which formed the original University of Iowa Campus. This is commonly considered the center of the city.) 1 a JOHNSON COUNTY BUILDING PERMIT INFORMATION Single & Duplexes Multi -Family -------------- Avg $/ Units Avg $/ Unit Unit IOWA CITY $34,609 $4,464,600 1980 73 $60,446 1981 95 $63,799 1982 46 $67,621 1983 145 $62,941 1984 148 $68,185 1985 59 $81,395 1986 82 $85,458 1987 115 $78,368 CORALVILLE $34,609 $4,464,600 1980 17 $59,262 1981 12 $75,940 1982 8 N/A 1983 24 $60,498 1984 21 $64,162 1985 23 $60,604 1986 24 $73,312 1987 33 $75,970 UNINCORPORATED JOHNSON CITY 1980 54 $65,815 1981 50 $55,229 1982 35 $60,257 1983 83 $79,161 1984 68 $77,481 1985 60 $92,566 1986 80 $89,901 1987 84 $102,778 Total 129 $34,609 $4,464,600 132 $28,835 $3,806,187 612 $25,128 $15,378,336 925 $24,707 $22,853,975 277 $25,021 $6,930,817 94 $30,847 $2,899,618 72 $31,232 $2,248,692 33 $26,515 $875,000 57 $35,202 140 $26,539 192 $25,907 397 $25,386 197 $20,816 12 $39,791 12 $30,167 6 $31,667 $2,006,500 $3,715,480 $4,974,144 $10,078,242 $4,100,752 $477,492 $362,000 $190,000 N TOTAL 1980 144 $62,320 186 $34,791 1981 157 $61,998 272 $27,653 1982 89 $58,647 804 $25,314 1983 252 $68,051 1,322 $24,911 1984 237 $70,496 474 $23,273 1985 142 $82,748 106 $31,860 1986 186 $85,802 84 $31,080 1987 232 $86,865 39 $27,308 Iowa City Building Dept, 356-5122 Coralville Building Dept, 356-1266 Johnson County P&Z, Joe Lilledahl 3566083 $6,471,100 $7,521,667 $20,352,480 $32,932,217 $11,031,569 $3,377,110 $2,610,692 $1,065,000 Q&Era©eM, M&0ffE@r RE@0am0(4 Q a.,7rc. --- //�4% 9 The Iowa City Planning Department has tracked the affects of this construction in terms of vacancies and rents. The 1986 survey of 3,598 units revealed the following: Vacancy Rates By Location Units 1986 1984 1982 Iowa City 997 2.21 2.48 .33 (1 mile of Pentacrest) Iowa City 1,655 4.83 4.73 2.23 (over 1 mile) Coralville 946 11.13 6.63 3.23 vacancy rates are generally higher in one bedroom and efficiency units located in larger complexes. A subsequent survey was made in November of 1986. While there were slight increases in rents, the vacancy factors in Coralville were considerably less. Two of the larger projects, which showed 59 vacant units, had only 12 vacancies seven months later. Planners estimate a current vacancy rate in Coralville to be in the 73 range. Iowa City's vacancies have increased, but are not thought to exceed 43. Units within one mile of the Pentacrest are thought to be unchanged. Rent is tied most closely to dollars per bedroom rather than dollars per square foot or per unit. This is because the dollars per bedroom is most nearly connected to dollars per student occupant. The following chart demonstrates changes in rents in the local metro area. Efficiency April 1986 $218 April 1984 $214 3 Chancre 1.9 One Bedroom $291 $282 3.1 Two Bedroom $407 $399 2.0 Three Bedroom $546 $531 2.8 Single family dwellings have held their value and increased slightly, according to the multiple listing service. Construction activity is generally controlled by local developers, and supply and demand are thought to be in equilibrium. According to the Iowa City Comprehensive Plan, there are currently 723 acres of developable residential land and 85 acres of vacant commercial land. After the construction of the sewer project, total developable land will increase to //0 1,553 acres of residential, 214 acres of commercial, and 193 acres of industrial. This is projected to accommodate future growth for the next 40 years at current rates of population increase and assuming a density of 15 people per acre. Facilities Due to the University, the metro area has access to numerous cultural and recreational activities. These include the v Hancher Auditorium, which offers some of the world's foremost classical musicians, dance troupes, broadway musicals, and pop entertainment. The University of Iowa sports facilities include Rinnick Stadium, Carver Arena, and the field house which is open to the public free of charge. The University Hospital is a state owned institution run in conjunction with the University of Iowa medical schools. It p is one of the largest teaching hospitals in the world. Two major hospitals are located in the immediate region. The $ hospitals generate a strong demand for professional help which will continue despite recent small declines. Utilities According to the Iowa City Comprehensive Planning Report, the corporate limits include 13,864 acres. Approximately 34% of that total is undeveloped due to lack of adequate sewer capacity. The design capacity of the sanitary sewer plant j is currently 8,000,000 gallons per day. peak loads have been double this capacity and average loads are approximately 9,500,000 gallons per day, Increases in the cost of water and sewer have been instituted and the necessary bonding has been approved. Reconstruction of the existing plant and construction of a new facility are currently underway. Completion is expected within the next two years. capacity for other utilities including gas, water, electricity, and telephone are adequate. Topography Iowa City is traversed by the Iowa River. Topography is rolling near the river, which forms a valley through the City. Topography away from the river is gently rolling to level. G©sIl©om, Massfl©, R2@QIlM1r© £3 Iu'I®�flIlLf arc, Z", //y9 Climate The climate is moderate to extreme. Average winter temperature is 23.7 degrees and average summer temperature is 72.6 degrees. Average annual rainfall is 33.7 inches and average snowfall is 30.2 inches. The high humidity tends to accentuate the extremes of hot and cold. Transportation Interstate #80 is a major expressway that runs from Jersey City, New Jersey to San Francisco, California. Interstate 380 connects to I-80, three miles to the west of Coralville, and runs to Cedar Rapids, 30 miles to the north. This will eventually connect to 1-35, providing a link to the Minneapolis/St. Paul area. The metro area is also served by Highways 1, 6, and 218. The new Highway 218 connects to I-380 forming a bypass around Iowa City. This has reduced traffic from Highways 1, 6, and 218 through Iowa City and Coralville. With the completion of the 218 bypass, the highway system is now adequate to serve both current needs and foreseeable growth. Iowa City is served by the Crandic Railroad and the Iowa Railroad. Passenger service is not available. The Iowa City airport is restricted to private planes and limited charter service: A runway extension is currently under way to accommodate larger planes and to regain compliance with FAA guidelines. However, this is not expected to become an j important air travel hub. The Cedar Rapids Airport, which serves over 12 commercial carriers, is 25 miles to the north. This facility has expanded dramatically in recent years with the completion of a new terminal and the addition of both national and regional carriers. //0 DANIEL BRAY 732 SPENCER DRIVE IOWA CITY, IOWA52240 319•3SI.6580 1:Jr.:•;.;Pld:l July 21, 1988 Mr. Barry Beagle ' • Planning 6 Program Development City Offices - East Washington Iowa City, Iowa 52240 Dear Barry: This is a fan letter. Thank you for treating us so courteously during the recent zoning dispute which troubled our neighborhood. Your Professional approach to problem solving was magnificent. As you develop a new definition of neighborhood business within CH -1 zoning, would you kindly send me a copy? I will distribute it among my neighbors to keep them informed. Likewise if there is any new activity for the development of the Mormon Trek/Benton parcel, would you be so kind as to keep me informed? I am glad that Iowa City has public employees like you. Thank you again. Very truly yours, t anie1 L. B ay DLB/cg cc: Karen Franklin 6 t' THE CHRONICLE of Higher Education. June 29, 1988 a $1.95 Volume XXX/V, Number 11 Despise Wall Street Woes, Giving to'Charil ' Totaled $93 -Billion; a Record, in 1987 - Big Science Projects Face Major Delays in Construction The stock -mance collapse me cox n• torm, sources of the philanthropic world's ' - ttj h cost, doubt about financing - $ biM' rens of 198),wer<aml a damginl 1 lead Cungrm to Withhold funds , to the nation" charities a had bun ea• "F` His Oar by KIN MCDONAID peered, a new study has found. Amedgon individuals. foundations, cor•'- Individuals 1720 S76D' _ WASHINGTON Smdnl carts of new scientific facilities positions, and atates gave an ,slimmed 593.W-billim Io [badly Int year, the high - Bequests,' S.i fl0 and doubts about whether their eonslme- C3 mount ever recorded, according 10111- Foundations.. 5.9 6.4 , lion can be financed here forced Congress, to delay onst u«ion of several big prof arra from Giving USA• the uPort of the study.Thelotalwu Jmosl Wbillionmore Corpentions 4.5 /.5 eels Sought by scientists and the Reagan . than that of 1916. Tobi $67.9 $917 Administration. In s lave that illoxinto the present .' The repast, which war released by the ,,,; ,.v ,, ..,:,•,..wrv.. American Auoci>lion of Fund -Raising :. ', ...e w.... oral n. nn.,m.o.., ' •'' ° hatrolon of m,mben of Congress,. Nmse and Senate neloliatan lug week ' Counsel Trost for Philanthropy, provides .. • •' the fin, glimpse or charitable giving in ,'•, duction for non -itemizers. Other develop- ' " look the unusual position of providing co lone" for the construction of new sden- 1957, Including Cady Information on the ...•,lents, such as scandds Involving Iekrl• cash's effects on philanthropy. Sion evandisn, had fund reisen worded, ,. the Eticigy fificit lbJl Markel The 73rd annual edition crib, Giving USA :, loo. I. fi«a119g9,Dep hunt's .. • repots war hsuedlaslweek.' Bol the fund-rehing association's report... " Many leaders oforganized philanthropy "lied those facmn"non.news," October 1. The action, ifsigned into law, would eF predicted That living would fall in 1987 be- "u's significant that in spite of all the the market crash and changes in talk about the stock market and tax restively postpone the croslmJlon of the S/.4billion Superconducting Supenolli- "use of laxlaws that eliminated the chadtsble de- Crammed on Pay, A77 da. ainside accelerator that Macy physi- cist, ray is needed to maintain the Amcor an lead In high<ollly physics. Science Among Top Concerns 11 Ould .110 delay the Stan orating bit. Education and Education liekel items requested by President Rea - Conference Communist Party. Ban' such As the 5106miilion Compact lg• at Moscow of ninon Tokamak, a nuclearfmlon device By PATRICIA LECIIAS the needs of the time;' the document says, aaoscow even though "much attention has been ilyPrin• planned for Princeton Univen"ce [on Plasma Physics Uboratory, and the ProPOW, to seek major improvements paid" to its development in the three years 3660million Advanced Photon Source, an rat the Univey or aecelmmnil r "In Soviet education and science ase among ince Mikhail S. Gorbachev came 10 Pow- The topics to be considered here this '' ". Similarly it says, "the material bele of planned Chicago's Agoene Notional leboralory. main week at the Communist Pony's first nn Soviet seience still lap behind" the court. Although lobbyists seeking supped rot ,hose projects were pleased ,hal law. Ilan) conference since 1911. try's needs. Canlnued an Page All A preconference paper approved by the Focus on Science Academy Cenlnl Committee says the pany'e «o- metric and soaW stramgY is "based on , The document lresls,duulion, rcltngo, spading up scknOfie and technological a ndcultulelsoccof Hianuorconcemto progress:' But the paper useN that "no be discussed M the four. -day meeting. .b[e suntid changes" have auned In - which will be attended by 5,006 delegates those or... in The tut few years• despite from throughout the Soviet Union. the «ealion of hundreds of «1.amh and The paper calls an the Soviet Academy produ«ton orpnluliond• as well a offi-' of Sciences to "make • growing coniribu. claidmund, for higher stsnduds. lion" toward achieving "major break - ,& Soviet education remains "far behind Continued on Page A77 The landmark Bakke Decision, eDe delata a views oraffr n uve action are as poduized now as were the Supreme Court" 10 years ago: PAJcAN. is opinion: The ruling" lack of Ina• pact: Pagc of. Tozon-Colon Bathes Escalate as Beleagrreral Cities Assail College Tax Exenil5tionls ay OOLDIEDLUMENMK :•' Coell Univenhy heath that II eonldbutts Cullum. Iridlee. Cam, d ; 1 lux, tlimul. ion, and economic stability to the rural community ' 1 t Around usage, N.Y.' Some loa4lovcmmenl JfieW, there are hireling nlha loudly, a : however, [hat a large donation of "Id, hard gosh to The county Ueuury would be on even more neighborly su lum. In Syraeurc event yea,$ Seo, city oriciah west more direct. ' They sent Symov, UnivC tally a PVOpenYgax bill rot I1•millton on the Cartier Dome, iia Indoor s odium, and IM gal coed in tette the 575-milllon building when the university re ruled la pay. 1[ Ilk (met Test, or legal and Political wrangling Io teaohe the dispute—Including period of more than la months when campus offelds banned atl non•univtnily events at the sudium. That „mgerd local merchants and hotel owners, who passed the chyto orals Unonshe. hon Maida •compo trash can nor, reach a ahem. At. .• The National College of Education In Com need un Pat, A19 �I OOVIMMgal A 114111141 Town -Gown Rifts Over College Tax Exemptions Grow ConNnwdpmm Poll A l +'tical scientists *be recently Lon• MII. Donald E. Lifson, a mamber or irselfin an even sought, pnWas lm curled• studs d 15 campua.lown the county Bond of Repreuma.w, When the dale a [rhea Ye to W c > rclnmmab gnu p to unireni[Y'a sires, wants the unirmity to pay the rhe forever New bier W&s1 Ilian cann'bntion It rem an was a yen for the Scholl in Nmhtek for t11. Fiore 3c Wmlionedinllhecawpesl,n ssi matcountyd add. Along rlca decade. Alone whh direct pry. (or ate an ,d)u by pia, IWI let6a.:l in tache axis meals farspecific:Cont, leasee, the re d ddt there mponera by pasiry a . law [tut routs Curve required sherd• pararlileal pears lobe an she d+r. Many nciCa ties in,ry financial .every now mm 0, to kat mMyue oro. are urea use the pnareting&wyrmtlMYtonu l love several lad loremms,a for fire is sm0p re fresscetiOn, fele.- Tom In "o (tete 4 Town aUR... my Is Cat the comrc public seneol eduea. hoped Olds the am- 9d,,Obhryaway' ir.f.1 uoun.tradition. J lion.., reluctant. Fi,bharki be orpo Ms would be gin lm A, mvcnean I,manuariry. N mmulanuekry her I, hor1,. 11 has pecan. unity that a ISICS or dust down, suits plant thus down amore e< of other fM,Om lowed community 354.01usi toward com City. Wldbdneinmoreueedmlhe Litt. rcr la an imtitulbn that milts their tat hese, sAildsue and housing pregnm,. In ansa Lily or.CounterW eA.losing asp WanA. Brawn, a march addition, it maintains IS it., d renkea• "We were really IA<n back that the associate a,'". he Cismdl Institute for street os she camp.,, • servla. it [hey weren't slated to bar, u, in she Said aM Research. Cit. Cart core, about Sbmhlion ay tar. somm Uri[y;' says Nasional Cd- its. he says. "ase searching out new Cornell also reported paying lose's David 0. McC,ecry, vice• mancesofrevcnut, and the major in. f 119.000 In county property saxes an p.esideal fee development sod come. doslry in low. hop,cm to be a ani• property is uses for nonsdumtiond ...ieslimna. ..We thoulhl wed be "Or p.rMaea. welcomed with opemrmrnan asset noahomfew can .,it In sere.... Mr. Ltnon,ek.M,dgo lhO hil Ica the community." however. Nunhwr,lem University/ requested sum "might seem sods. P+oPea/-Tse lapin Evan+un Research pork, healed on siouv" But he says it would be out a 10 acres of tumlut university land, par with the paymai made by Car. N,Iimul College may have been was founded in 1994, in pas to help moil', "peer, institutions;' as he calls wrpriked that Northfield waved, bill put some valuable land back on the Harvard on[ ...ily ark the Musa• al them realist of aninrimion. gut in roily, according to It, executive ehaela Institute of Technology. many college administrator,. city of- director, Ronald C. Kyti.k. The¢• Uel yearthin, maNcraities paid the fclals. arts aspects on las issues this lion followed several yen of seek- City of Cambridge 5970.000 and .free. higher education any that lad moniouLrelations between the uni- 5900,000, raNctively. govemmenrs arc becoming lea an. vanity and officals of the Chicago Ocher county lawmakers also are .mored of IM t&sstampl course, suburb, including attempts by the looking (or a greaser contribution and universities in their midst. ape• city 10 levy a within is on students. from Cowell, although nor at ... w. eiallY len such heavily lued comma• A study conduered in I9M by ily as much as Mr. Urr seeks. cots• a Cambridge. Mau., where Nrwark, nor.,(mond the or 56 cities They ay they cook eape,idly pe the teattulions Occupy huMreds of car&suhe eauaryehal were home to the money for Ike county landfill, arts of valuable red cleat'. college• and universities• only 10 per which will probably cost 55 -million From Burlington, vs., to Bede+ 1. $10 mh it.. more to op,ntu In she Jay. Cal., property -1,a battles have Ocst Few years to comply with new Men Patina up in recent ..,n. In mod caret. when the demaM, "Illere's only one m 1. himenul mnl,,ds. Cornell airy that coma be paid on pinions ofthe billionaire in contributes plenty of mrhaa, to she landfill and should consider eunuib� .in", .4 used fon specific educe (Caul p,pmu, the college or ons. Tompkins County and mina some money to help pry for im. renily offer, a pymeni to Co.,.. that's Cornell pmrern,nI, there, Cay, Robert Wal• fuse. another member oflht Board of are Mainly fee the lost cotes—aMR""Urricolira. to Into University" placate critics. John F. Bums., vice-president Tower -goons battle, have always for imiveniiy relations m Comalh. been a problem for higher education, ay+ if the county char,,, a fee for and is, disputes are a common nal received any kind ofMyocra he dumping Irish, the university will soureeofdisco.d. But same expects make upfur the lack ofux payments. pay Its fair shore, but he believes Mliew that mon and more colleges "It's she exception, very definite. Cornell Is already mote tenuous and universities may ten have m lY. nlherlhan the Me,"says Mayor than may mheflocd coasacmpkill. deal with IoW lar fithis. They note William M. Redd of Newark, the fusion, that member, ofCunStess have been chairman of the Univessity Commit. The real question, as Mr. Bur. paying allensip to the complains of Allies Caucus of the National Lalue nal, Is why Mr. Lifson Is mpking .m.lbMsinim owns. for eumpIc. of CINs,. Newark Is home of the Cowell, and nor.1her[usx<mm In. may dwhmm belle,, Ihel the la• Untvorit, of Delaware, which each uilaiom. such a thea College, aempt dams deollelet and uni.er. year contributes about f100.00010 where Mr. Unon leaches. titin pnovketmunfdndancote In lkcily. Mr. Luton, a fleu Comdl undo. tbeak,dilamanndnlffom lra,t No study on a similar sole hes aewhahawiedtopublicirehiseon• services to computers. been compinod since 19114, sol II Is seen• by writing Io Comes alumni "II Is heating up;" pays Jamas L ditcull to&state whether the gil&s• clubs and national newspapers and Semkori,, rit, president far for. Ilan has chanted much duce than. maa,inet, he, simple reply. emmencol and community.train at In she site several month,, how. , "There's only one billionaire In Morquelta 1.1.1"ralel'. ever, she National League of Cities Tompkins County and that. Cornell ON factor likely to fuel she hostl• Nmr to conduct a comprehensive University. It doesn't make vi Ivy between concert ad their home• study or., Than JW cities to deter• tense to to net she smaller Mu• towns lathe rapid rheinemullencnb mine the kinds of financial town.• IOcd' occurdnll a many public college, and unirersiein. Modems Cay they are Insisted tu such inoicolloea be. Came, They shuts relatively low rex• hien. But In the municipinies where the Institutions ct localtd, larger or, re"nomis mean woe fialBe, greater demand for Indent hunts, poli,, and fire protealan, and other com- munity masa. Those is urea... nor always outweighed by student spending al groceries .,it depart• men stores. To some city ofActh, Nrtkularly those In Calif ncla *here'tate lead• era are Icahn, to decide wh,ih,, to build • new campus, and where it should be IOcaled, the value of a dor• rete campullual Isn't worth the coil. Rather than oak tae or other peg• mem, 10 Unrest The costa, official, in cities that already have mmNs,l have Men c rmnilns 1.1", new n. Mesion To a minimum. A romp of Comely Unirenhy M Ism belt, made by,ollgea and ural• No -Risk Introductory Offer `Ye ,Dan drum practices' 9 A, As Congress candden new lues The Cosecant that colleges cone on the business activities of our. In place of rues may help ole local 1,1,..d In the face of new lues Mlilial Mille,, hire pl ev,ryon, N. on charitable donations and Interest li...a they are necesary, or also on student loam—dodge represlM• pmNr. •Ilm aymuuull by local &.4m. Air. Smkovlls of Macquarie up Circus on pepenY•tu Issues Is nor private colleges and universities their chid Use worry right now. But wereynnled to asm,tion, Ins heap they are .,[,hire warily, promote divndly In higher edoCa• "Ons Could Cay it is a licking it., shun. Today, so many M+e,ecooduy bomb." cap Sheldon E. Steinbach, Institutions ere financed by The pub. ,tatter counsel for lie American lie that some ftut that she private Council on Education. Imliwliom no loner, .,,it helm fl.yhflllrn• Year Sought ' 9 from auto,, My ...posse in shat;' says Mr. At Cowell, the fuse Is already S.nkmrllc,"I,.'Phonny.'" bumi.l ,ban". We ImOtulinn has ..... .olun- For the I'll two Ynn,I.wmakm sacral to makes co t hmhon to the In T.r ins County have Men City or Muwmkee. "Ile • rine I Mndn, the mnianity To lenge h+ choose not laelaa,-' het...Calling contribution to cover be ea+t of The Ila "Climacteric p.seeit nl.", strikesthe eoumy provide+. M.rgtnt."eom,i2, m;,hill," The most ouhpken ethic of Cor- Cuneinurd an rat.. In, post June 19,IYAA a 711/chmnldsof111111orWunllan 1 A10 Beginning this Fall... The Chronicle Of Philanthropy TIIST, NnAm1nOPY-One ofAmerla'smosl ncwswonhyenterprissevwlll have a serious newspaper of Its own. TbrrCbran(cleof PbQanduopywill serve this newssurved field the same wry Its sister publ scat ton, The Oronlcle ofillagAer Edrrmrbn, serves academe. Today philanthropic and charluble Imslitu000s face perhaps theirgreaest challenges. The uncertain ecwwmy has clouded the future delving. Government has forced philanthropy to take on Rimer burdens than mer befi as officials some to Incense regulation. Bnlnmses are complaining about "unfaircompnition" Donors ate being asked to give to more and more ausm. People In nonprofit organizations have had no my way to keep up with developments like those. But that is about to lunge. T(xOnonlcleo/PLt4andirtpywill cover all die news of mrpanl< and Individual giving, foundations, fund alft.sai atlon, regulation, management, and many more topic. Published mery other week on a ful<lodng schedule, It will be timely, authoritative, and my to rad. And above all, It will make sure that professionals have the Information thin they must lure to function effectively. litre's the kind of inficrmatlon you'll get: • Newgranu by major foundations and corporations. r Idea that have worked foroders In fundraising public relations, and marketing • The newel drinking ongmcfning boards and volunteers. • Summaries of new books. • statistic: Results ofthe joint rmmrch,presented In • Thelalcal Mlings by fcdeal and surecour • AnealcrulveaIendarofineningsandod • Changes In passel pollclesand rams. • Summaries of foundadom'annualeponx = smrzm tali Mtwi,F—"3 L`A €ages.] t!r.' ;n //s/ No -Risk Introductory Offer `Ye To be it Fear dn5 cola arab tdrM Yfld cogent o/pdtbmbrpy, hem mad In e ids moron erns ro maeT row. well bill year Ac"r begin paw, ArdV �I YOSM m.atpin.11, smurwvk ktt wme -terkel-an de bilk M. k, and owe nothing(F1; �041 me/4) 50 lar me star (24 luum)—a mery of 110 a f.T r,e car neiner puke of 157 50 C Bill me 11400 fur its mrnb U y hues) ISI �ply[wa)Jj ri Y pv �. Craw..,. �— rev, Uw es aerw 1 The Cluonlde of M01m0uopy ' ass Note, nwd res.., Nr, w.enor Wwri DC tan nor as sex EL': "L'r7�':�L'3L"?:C"=7F�'.�€''111wr(:i•.Zo.: //s/ A?O • The Chronicle of higher Edumdon • June 29, 1988 Town -Gown Battles Escalate as Cities Assail Tax Breaks ComlwrdJrom Pr ... duty Payr to Ne eommurdly through ice culmral and alhl[Iic offainP.nd iluub,ln- slal Paris,. Mr. Swkoriu says. It the Univsviy made • payment to IN city, it would w actcowledp lol.11= w1i'alkn, he say.. "If you do that. you might as well be .handed. laa•payin, entity." Cmme.ticot Reimburses Clda Ta bade[ We plica n public to- stttociom as wc0 as private wlisp, and universities. In Bu.Bnpon, for i..pk. eilh un1 voted Iwo years W to require w4xcmpt imdludom such as the Univenily or Vermont m MY wove poplar lues. The city', 601,nte to The Imoemp mtu+of Ike 4101, true campus wa quickly MUedin the 1,{idmm[,bu1 il,ha,r linucudnt marc w moxy W cal diminished. ,The mayor Bu.linpon. Beraud Scarcest, says he wishes Vamonl'+ hwm sal. would adopt a propam Nat Connecticut has Used for in, ,at to years to help it, anhersiy wwm. n, 'lot, prorlds cities with Q Nr c wt of the prop ny still they I.. because of the piece... of us.• uemp) listings ions within their boundaries. Au result mistral Kogr'ln, known In Co.necticuu Igi+laia circle+ u the "New Ilaven bill" Moue that city ....Ni a the biggest grant. Con. nenicut ql nd, more than $36mi1• Bon to delmbun, ice cilia. New Ha - vin, home to Yde Unhnsily, the YaloNew Hare. Medical Center, 'ind other colkin sad hmpiuls, ear pcu to receive almost 38.3 -million from the program nal Year. partly ..result oflobbyint by the city and Yale', president, Benno C. Schmldt, Jr., the legislature In - created The 2lmburs,men1 from H per sent lis s.0 pet Int Ian Yeu. "11 is definitdY n In .... live pro pami' lay, Steven D. Cold, direc- tor of fiscal studio for the Naianal Conference of Skit Legislatures. While polieymakers from other miss has, .,,passed interest In the nhmbunemen% p.opuo. Conn,cli• cut hthoutht lobe [be onlyalle that .operates silk, for nes Intl w• ante they arc home to w2a[mpl wllqu and ualani0 s. Iiowaa, u apem note, simple ,ufmbY•,ute or dlyby<ily tom• parisnns cam be d ... pave. For marpie, In the Cornell study, Michigan Sine Univenfly and Por• due University might appal miserly for [cponingno PsopenY•na Pap "menu To East IAndmg or Ur.yate, Ind. But Pordue official told the Comdl mmehas that They spent fy54.000 a year to open[, lb& own e department. 'Policies, Nal Principle- [; Both inuimliom contribute money to The public -schools budpt Tis help Ply fonts sou Ned".tin, the ehil• drat of manitd students who live In 1.4-c"mpl rolleie houdnt. Ranine or that, the simah-o a fairness is fu more complicated than ,h might a fiat appal 1aY, Mr. Our— ,v.., of Cowell. If local 10amment officials Intend To demand paymen[s, they should fon n.mirr, how. col•' Ise or unirenhy burden% and bene - 5u lar homerown, he says. "If Ihue'1 a principle here, 11 ,should be applied uniformly." ma Mr. Bumex. "Dlhmvise It's not a principle, it.. politics:' Government S Pohl YaO $50 -Million Investment Pledge loXeiu Haven: Abdel or Token? ... W awir.COMM. The Mays sad his it that ibis Non are the fish to admit that this tilt he, bit trmba roar y h Downtown R, e1iM1. boom, mn upo'Inc New Nov. Gives. ws owl, nmJellnorthern.. wish bco4 stort.,cafh.. 1Dl vocia a..- wcomtn{ moa and more nums- ous. 'm the uboci system nIs in mart Mm. s t mo by in 1 is in poar+Mpe, van money m ,hells the sco sa saInat pop(,vita uos I. h sauce. d The1la,, liluli l in the oily .000 .asp's blip. C cutomnl city 1, b. to Us U.N.'lY, u will s uory- mlother ofand forty peraantcriin hd isumompt ns! fromliza the icy while the inle sobstdias the lily for r po party ran a am knln, In, . property owner s.th kB paring a w nuc IMI .,no the Mayor alb "<o0scalory." So why Is t Yat Biagio DIsJthe acg to Proud IMI Yale. which Is the silts largest contribute otyto lion. dchntl emntdbute • penny to Amp c elftt toil of ew.Id- Ing fire proestreet doming, ..it the, public ,vks to It, acres of Simple..fie lie ptopenY7 believes the t . Corparthat t announcement , saran in h uit wmbmInvestcen. million d Awning, shopping an• en, and olhar oily itlo-year gel ori is. piolnu over •thatperiod it s would idea, ant IMI calker lilies would be luckhmi to for the . The Havoc Iamrodthe.,nolle, I...t than t,...1.re, hawser, is Int 1Mn anirenal. 'Would Neter Be Bludgeoo.d' Some city aldermen and commv oily activists say they w.m to see whether Yale will lava% In pan pam+ that moa d'oenly help Ne city's .,city, while Mayor DBJe- to', Mgt outspoken polilial mala dismiss the mare demure a little more than to catch. in NMI, a. la0ins. "Every mayor time Roger Sher- man has elamared for payment, in Vers of Utes from Yale"' say, Mr. ITLIclo. But he sats he recognized Zhao "Yale wO.IJ never w Mad- 'eoned into wbml loo." Even In 1955, when • city tom• mime lamed a I.dv that showed sol used lional par center to Pd. chcw,d "Yale bshing;' a 1VUI-I +poo of some of the dot, wlili• dins, and won a commitment from the onivudry's Imna+ that they would Invest 15Bmllllon ohheir 17• billion endowment In city plojens ova the e,..1 dead,. If Yale had coaribtrud ,ante kind of payment to eompnurt for It, urs of city anica. II would Mmly ,how up In the lilt t 5716 million mood budlll, says Mr. Di. Lina. But the 530,mill1on that 11 tieing Inve,jed In adorn rdale devdnp- mens Ocj,N will hap sensate more conllmnlnn Ihloughoul the oily,which could mean that the lar bare will pow, he sty+. While Yale make, no dual mn- Inbislion Inch, lair. it don pay lot - a am on in ned... finical pI.Nr y and such facilities n the Yale Bowl, its sladium. Thal amount lul year was Ghoul $5110.000. Yale has Inve,l,d in New Boren daelopmenl befog. 11 helped 6 panel . downtown shopping mall and an apartment mmples. for ea• ample. 0.1 the Initiative, an• bounced to a group of ,pee lne fsom..rOil the eoumry by Mr. Di. Lkmand Yale Pr..Went Dennis C. Schmidt. 1,., an the New Ifaven Gain, mark. the 6111 time The unb veli, has publicly,milul.tld a A- m.bf ammllment To the city. Mayor DHJclo also hopes that Yale will Invest some of IT, money I. ch, Immnted developmenn of low• .it modtaloincome hmg- Inl. possibly In The mmlly black and poor Marvell dShbchond IMT holders the nisnhwat edge of the crawling Yale campus. Unl• verily officials u. mnaidning ouch n Invalmenl, bol mribm, Io arta that they are operating a rin from which They expect a fair is. tum. not a ebadly Program. "It" a wonderful thing;' Is, claim, Mr. DiLlao, who eomiden the initiative . model for The seal ors of city..Nas ly "Who... Mayor 1:611c of crilics di,apee. "It's kind of a Inksnhm;' say. Matthew Ilan11".. a hi{h.sa141n1 malhemalics and aims. Teacher whose, umucce, hilly apimT MI. DUO. in 1957. , "Nk have horrible poveaY in this city, We have hunger Pmbb I.Ou"a.y,Mr. Dmenst ...Nak. Ing ham . secondhand easy chair In The guidance offs, of The IW yesi.nld Wool buildin{ when he leaches. Yale's wmmunity mm• mirmml. he says, won't help re• sol., thou Problems. "NON., in it aid. -We weh come applialkm, from local eom- muniy groups; "says Mr. Breen• nein."neyeouldinvolineondm for their faculty memwa:' Bulla R. Gltenw00c whoalso I..cb s the high school. says New )oven would have been sol - I,, used if Yple had at Inst epndloconldbulnnamounllhal was tocol io what the city spends to educate in ....... louldy lSoehil• dmn dnud,ms who lire in homing for was ,d audnls. Thal houdng is tsua<mpl. Like Mb Baan - ,join. she an for city office in 1957 on the Gran Pant ticket. which trimmed In campaign with "Tc Yale" pecan. "We don't take it a, a very sd- out oR.. wows II'. may invest sed art, 10 Yun;' say. Ms. Gamwood, commenting on the way Yale aniicots have ifmclured the inasllnenl plan. The Initiative I, "directly li,d to Yale's wnefil;' she adds. Yak's money managers don't diervlt lhal. Sw they say Yale ih.ld.'l be Mimed for nal souring problem+ II he, ml mused and..... tel at IUs As. Needn't Be • Biu' Chip Fee the New Haven Inil -fla, Yale Is heading It, ladirimal in. .nlment cried., rayl Millis Ryam,diall., ofirst crisis Invest .,is the univa+ity, A New In• vs. pnj,,l need tel w as much of a NI chip a the Y.k..md 717 Firm Avenue huildin{in Annhamn how Inown n the Sleukn Gn'l M1di s) 1. merit a finamlal mm - mutual. The nmmal In... umm Inks ¢mulling all defib to be In the ,rye of 15 -million and k7Bmillim. as wen as mohmhkn, y.i.0 hr valmem, in hall and ywn- mc.a. also could be waived. Enhancing Gmpla P<rirr,eln What make as appopdaa New Ion.. Inifolire goiell? An aywa• mend building thol could haove um dant, or faeully memwna • mW chomping Into .a amaq Ihme uMI cmmldcnflon."Wed ted to ways to enhance the Intimater of Ilia campu.;' my, favid F. Sm. ...'lxoelate vke•pasiden, of [be in.enm,ma office. In • phnu, he sap. Yak will invest in deal,that s.2 "in the mi ands. cnllthened salfimt2u." So fu. Yak bar agreed to invest H.2 -million in • 1I06milltcn Io- )<a of a de.cloper who plans to areas. hi,jaic building and cm ,jrvcl 530 spammaln and cads, oinking in a fmrblak arca or downtown known as Nimh Square. f7b.1 imalmant was Wmed be - full the iniliatire was wgun. but may still count as Pan of the SSB million.) The university also has promitcd 13 -million toward a 176 million plan 1. ronren an old high uhool roar she Yatc•New, Haven Medial Center into a conference ,enter and hotel complex. tl,e fan that the P,oRn may +Iso include tom, apanmcm,— olludint some, that will be a av,cl for low. aid modenle•inwme (,masa it the cily real... the (,deal tomb it i, ceeHn{—war pan of the ton skit for Yale. my+Mr. Sw,nan. The university also hops that it, highly publidad commilmml will it.. cher .als+tae dlveblwn and Islamic lis the city. "Generally, we fad thal New lover's time has come:"says Ms. try.n. "A few yan ago. New Ib. vco wont even on mon develop ell map$.*' ' Mesnwhil'. inrhe ince, neighbor hood of Di.well, which horde+, the Imp n, residents are hoping IMI Yale will sprinkle . little of the ire Isimenr their way, say, William IPele) Gas. .•auliv, director of the Ciawell Community Dcvekp ment Corporation. Stanley RoJga., is mamwr of the Board of AMerma, myW -11 world really be m enrichment a New If am if they would give On move money for low• and nmJlr- alrincome housinL" It, says his emmliluenla rad amnments IhY and os. less han H100a month. William W. Ginswa, New If.. ten's development administrant, also hopes that the university Is- vaBinthal poiatdndaMnthal Might nor offer high ala of rerun. Bmevn if it dossn'T, w talions the initiative already has IoM did sends To the city. Real error, it ... I. opo m .tonin{ to milk, the city .1 they had Ml wrola he aryl Yale'+ commitment, he says. "lends a very rowerful maror." Bath he aid Mayor DLied say new dealopmmwboul I NO rod. lion has ban added to the as rdt tine the Alas. took ofRcr Is 19A2—keep,the lily fromhatinpn mil sun, which might drive and middlesoo midenu. Crines or the k iliatia do nm anll, understand what it was is tended to do. say, at,. Gin,bea "I don't think thea tel ev,, a ,ntemem Thar Yale'. money -a, suing to solve New I ...... pd. kml" —0rlo, auwlwma lIS/ City of Iowa City MEMORANDUM Date: July 15, 1988 To: City Council From: Patt Cain, Economic Development Coordinator Inn Re: Annual Report on Iowa City Tax Abatement The attached table summarizes use of tax abatement within Iowa City. These data were supplied by Dan Hudson, City Assessor. Remember that the partial exemption applies only to actual value added by new construction of eligible real estate. In 1988, there were five applicants for tax abatement, all of which met requirements for approval. If you have any questions about this material, please call me at 356-5235. b,]/pct Attachment 9 TAM ABATEMENT IN IOWA CITY Assessed Value Iowa City Tax Year of Type of Added by Iowa City Tax Savings to Firm' Paid b Firm on Im rovement Applicant Application Property Improvement 1986 1987 1988 1989 1990 198 1987 198 1 89 Millard Warehouse 1985 Commercial/ $486,440 $3,824 $3,370 $2,560 $1,274 $2,248 $3,128 2710 Hwy. 6 East Warehouse 1986 338,800 2,934 2,378 978 1,584 1987 1,375,880 12,068 4,022 1988 220,840 Plumbers Supply Co. 1985 Commercial/ 270,690 2,128 1,876 1,424 710 1,250 1,742 2020 S. Riverside Dr. Distribution Center MacBride Addition 1986 Industrial 288,940 2,502 2,028 834 1,352 2325 Heinz Road Economy Advertising 1986 Industrial 200,000 1,732 1,404 578 936 2800 Hwy. 6 East 1987 1,234,570 10,828 3,610 Gringer Feed 8 Grain 1987 Industrial 136,950 1,202 400 2144 Old Hwy. 218 S. Blooming Prairie 1987 Commercial 125,060 1,098 366 Warehouse Distribution Center 1988 68,680 • " Sheller Globe Corp. 1987 Industrial 64,900 570 190 2500 Hwy. 6 East 1908 37,680 • " Lyle Miller Co. 1988 Industrial 293,500 Thoams 6 Betts Corp. 1988 Industrial 21.230 TOTALS $5,164,160 $5,952 $12,414 $35,560 $1,984 $5,888 $17,330 *First year of taxes paid on Improvement. --------------- 'Calculated by: Assessed Value x % Exemption x Rollback Adjustment x Tax Rate for Iowa City [75% in Year 1 [98.7948% for [$10.60932 per $1,000 60% in Year 2 1986-87 only] assessed value to 45% in Year 3 1986-87; $11.54919 in 30% in Year 4 in 1987-88; $11.69523 15% in Year 5 in 1988-893 Informal Council Discussion July 18, 1988 Informal Council Discussion, July 18, 1988, 6:30 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Courtney, Larson, Strait, Horowitz. Absent: Dickson. ' Staffinembers present: Atkins, Helling, Timmins, Karr, Rockwell. Tape- recorded on Reel 88-40, Side 1, 1 -END, Side 2, END -420. RIYERFRONT RECOMMENDATIONS REGARDING CORPS OF ENGINEERS PUBLIC NOTICE- Reel BY JIM GLASGOW CONSTRUCTION: Reel 88-40, Side 1 r Rockwell presented Council with an overhead projection map of the area. Rockwell stated that the Riverfront Commission held a meeting on July 13, {; 1988, to discuss Glasgow's proposal to place additional fill west of North Dubuque Street and south of Taft Speedway. Rockwell reviewed information contained in her July 14, 1988, memo regarding wetland fill south of Taft Speedway. Rockwell explained additional information was received from the U.S. Army Corps of Engineers; the Corps considers the area forested wetland; and the Corps did not have jurisdiction over forested wetlands until February 29, 1988. Rockwell stated the Corps considers that it has no jurisdiction over the area with the existing 30,000 cubic feet of fill because the fill was placed prior to February 29, 1988. Larson asked if the U.S. Army Corps of Engineers or City has the authority to order the fill removed. Rockwell said the contractor does have permission from the City Engineer to fill on the property. McDonald asked under what circumstances does the Corps allow wetlands to be filled. Rockwell said this is the first case of a forested wetland to be handled by the Corps. Horowitz stated that she was in contact with Corps of Engineer Wayne Hammel. Horowitz said that every piece of wetland has different degrees of wetland; the Corps did soil bores on this property; and this property is not considered a wet -wet type of wetland. Horowitz said the Corps said a house could be built on the fill in this area. Rockwell introduced Riverfront Commission member Doug Jones. Riverfront Commission member Doug Jones presented Council with a map showing the location of wetlands in the area. Jones summarized his July 18, 1988, letter to Council. Jones stated that the City could have jurisdiction over the area because, if there was a two-year hiatus during which no new filling was done, Glasgow lost his grandfathering clause for the existing piece of land and the new floodplain ordinance would apply. Strait asked if the City Attorney should review this information. Horowitz said that staff could ask the DNR what the impact of the two-year hiatus was. Atkins suggested that the City send a letter to the U.S. Army Corps of Engineers containing Council's resolution approving the Riverfront Commission's recommendation, as outlined in Rockwell's July 14th memo regarding wetland fill south of Taft Speedway, and requesting an opinion as to whether the City can order the fill removed or altered. Horowitz asked that information be forwarded to JCCOG. Council concurred that a resolution approving the Riverfront Commission's recommendation and a supplementary letter be forwarded to the U.S. Army Corps of Engineers. I —/g MINUTES INFORMAL COUNCIL MINUTES JULY 18, 1988 PAGE 2 PROCESS FOR FILLING CITY COUNCIL VACANCY: Reel 88-40, Side 1 McDonald explained Council has two options to fill the City Council position to be vacated by Kate Dickson: 1) to call for a special election, or 2) by appointment. McDonald stated he favored appointing someone to the position because the estimated $10,000-$12,000 cost r associated with holding a special election. Larson noted that anyone can run for the office and that, with the proper timing, the election could be held along with the general election in November. Larson said he would be in favor of appointing someone, but with expectation that a petition would be filed and an election held in November. In response to McDonald, Karr stated there are still costs if the election is combined with the general election. Karr stated that there also would be additional costs if a primary election would be required. Horowitz asked if a ballot could be 3. triggered for the remainder of Dickson's term plus four more years. Karr r stated that was not an option. Strait asked for a review of an Iowa Code r provision stating that a runner-up in the previous election shall be s designated as the replacement. Ambrisco stated he supports the idea that the Council unanimously appoint someone to fill the position. Strait # suggested that people interested in being appointed to the position should formally or informally turn their names in to the City Clerk's office. Ambrisco agreed that the process should be formalized. Council agreed to fill the position that would be vacated by Kate Dickson by appointment. Council discussed the application procedures. Karr stated that a letter of interest could be submitted to the City Clerk's office. Horowitz suggested that the Boards and Commissions application form be utilized. In response to McDonald, Karr stated the public notice could be published immediately, but the official notice would need to be published when the effective date of vacancy is known. Council received public input from Loret Mast speaking in opposition to filling the vacancy by appointment. Atkins suggested that the public notice state the means by which people express the interest to fill the Council position. Council agreed with Atkins' suggestion that Council consider a one-page letter of expression from individuals interested in serving on the City Council. Karr distributed copies of sections of the State Code and referred Councilmembers to Sections 39.2, 69.12, 362.3, 376.4, and 372.13. Larson noted that information in Section 69.12 may not be applicable and noted that Section also deals with Councilmember Strait'squestion re appointing the runner-up. Timmins noted that Section 372.13 referenced Section 69.12. T—If MINUTES INFORMAL COUNCIL MINUTES JULY 18, 1988 PAGE 3 COUNCIL TIME/AGENDA: Reel 88-40, Side 2 1. Council discussed their meeting schedule. McDonald recommended return to Council's fall schedule and schedule an informal meeting for Monday, July 25, at 6:30 p.m., and continue scheduling Monday night informals. Council agreed. 2. Horowitz inquired about the National League of Cities meeting to be held in Boston In December. McDonald said it was unwritten policy that only the Mayor and two Councilmembers attend the National League of Cities meeting. McDonald suggested that policy be expanded to allow all interested Councilmembers to attend the meeting. McDonald asked council to contact Lorraine regarding reservations for the upcoming National League of Cities meeting. 3. Ambrisco announced a Southeast Iowa League of Municipalities meeting is scheduled for Wednesday, July 20, at Chariton. 4. McDonald announced a meeting, sponsored by the Iowa League of Municipalities, is scheduled August 11, 1988, 7:00-8:30 p.m., in Cedar Falls to discuss potential issues for the upcoming legislative session. The meeting adjourned at 7:45 p.m. 1-/d, 9 Informal Council Discussion July 25, 1988 Informal Council Discussion, July 25, 1988, 6:30 p.m., in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Ambrisco, Courtney, Larson, Horowitz, Dickson. Absent: Strait. Staff present: Atkins, Timmins, Karr, Schmeiser, Cain. Tape-recorded on Reel -88-40, Side 2, 420-1; Reel 88-41, Side 1, 1 -End and Side 2, End -568. PLANNING & ZONING: A. B. Reel 88-40, Side 2 Schmeiser said the applicant has withdrawn the request to vacate and dispose of the Maiden Lane right-of-way between Harrison Street and Court Street. Schmeiser said the Planning & Zoning Commission recommended that the 47 foot wide portion of Maiden Lane between Court and Harrison streets be redesigned an alley provided the City commits to paving this right-of-way and providing metered parking in the area. In response to Ambrisco, Schmeiser said he has not been in contact with Paul Dunlap. Horowitz asked if there are any other city alleys that are paved and metered. Schmeiser said there are some alleys used for parking. Ambrisco said there is a metered parking area west of Gilpin Paint & Glass store. Larson asked what would be the advantages of designating the area an alley versus a street. Schmeiser replied that two reasons to designate the area an alley are that a 20 foot setback for commercial buildings would no longer be required and the street functions more as an alley. Horowitz inquired about the impact of the alley on the property located farther to the south. Schmeiser said stores located on the east side of Maiden Lane would have both rear and front access and the businesses in the area are desperate for parking spaces. McDonald asked if area property and business owners have been notified about the public hearing. Schmeiser said the City will notify the property and business owners. Larson noted the Planning & Zoning Commission recommendation was generally consistent with staff. Schmeiser said the original staff recommendations were specifically addressing the vacation. Larson referred to the Planning & Zoning Commissioner Dave Clark's amendment relating to the City's responsibility to maintain the area. Larson note there are alleys in varying degrees of upkeep. Schmeiser said the area could be redesignated to a parking area. Schmeiser said that Gay's is composed of three uses: a slaughterhouse, a meat market, and a locker use. The slaughterhouse was not damaged by the fire and the meat market and locker use were substantially destroyed by the fire. Schmeiser reported that Gay's wants to reestablish the meat locker, keep the slaughterhouse as it exists, and increase the size of the retail meat market. Schmeiser said that a retail meat market is not permitted in the CI -1 zone, a locker is not permitted in the CC -2 zone and, therefore, there is a 1 MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 2 proposal to amend the Zoning Ordinance to allow lockers as a wpermitted ein zone. the ho use ouldremaina non-conforminguse for perpet ity noted Shmeisersaidthe Planning b Zoning Commission received no objections to the proposal. C. ORDINANCE TO DRIVE FROM Q. See "B" above. D. PUBLIC HEARING FOOD LOCKERS 1 USE. {GAY'S L See "B" above. E. ORDINANCF TO A See "B" above. F. ORDINANCE TO VACATE A PORTION OF MAIDEN LANE. No Council comment. G. ORDINANCF Tn RF7nNF UonoroTrrc AT ,"A, Schmeiser reported that the City has received nine letters in objection to the request. Schmeiser stated that by ordinance if owners of 20 percent or more of the property being petitioned for rezoning object to the request, it requires an extraordinary vote by City Council to approve the request. Schmeiser noted it was the Planning & Zoning Commission's recommendation to approve the request. Regarding the current use of the properties, Schmeiser reported that it does appear that at least three of the properties are rented out. H. ORDINANCE TO VACATE PORTIONS OF CAPITOL AND BLOOMINGTON STREETS. No Council comment. Reel 88-40, Side 2 Boothroy noted Council received his July 20th memorandum regarding abatement procedures for abandoned buildings and other nuisances. Boothroy reviewed the draft of the ordinance amending Chapter 24 of the Code of Ordinances of the City of Iowa City - containing new definitions, standards and procedures for the abatement of nuisances. Boothroy stated there are at least two buildings within Iowa City that meet the definition of abandoned buildings as defined in the proposed ordinance amendment. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 3 Horowitz inquired about the status of a house located in her neighborhood, 1121 Kirkwood. Boothroy said the enforcement officer would decide if the building would constitute a nuisance. Boothroy said that specific house appears to be kept up, but under the proposed set of regulations the City could administratively take action to cause it to be repaired. Or, administratively or with the municipal infraction, have the house removed or demolished. Horowitz referred to the ordinance, Section 1, Article 6, Section 24-101(a) Hazardous Wastes, and asked about the enforcement. Boothroy said that it will be enforced primarily through the Johnson County Health Department. Boothroy referred to Section 24-102(d) Hazardous Wastes. Ambrisco asked if State statutes limits the maximum amount of fines. Boothroy said $100 is the maximum under the municipal infraction process for first offense and $200 is maximum the City could cite for a repeat offense. Boothroy recommended that $100 is a reasonable amount to cite someone for first offense. In response to Larson, Boothroy agreed that the proposed ordinance would allow a house to remain vacant as long as it did not violate the Housing Code or was not left unsecured. Larson raised concerns that the ordinance could be over -broad. Boothroy noted that some communities use a registration process for vacant buildings. Courtney asked when the proposed ordinance could be applied to existing abandoned building nuisances. Boothroy said the ordinance would apply to existing situations. Timmins stated that if buildings are in a hazardous condition now and constitute a nuisance, they would not be grandfathered in under the proposed ordinance. Timmins said the ordinance would allow the City to proceed in magistrate's court. Larson stated a person should be given a warning before the ordinance would be applied or take effect. Council agreed to direct staff to prepare the final draft of the ordinance. NEWSPAPER VENDING MACHINES: Reel 88-41, Side 1 McDonald stated that Council had previously discussed this issue and the Legal Department has determined the City has the authority to regulate newspaper vending machines. McDonald referred to the handout Location of Newspaper Dispensers and noted that there were 20 newspaper vending machines in 1983, 41 in 1985, 54 in 1987, and 74 in 1988 in the downtown business district. Boyle stated Council received his July 20th memorandum regarding regulation of newsracks on City property (update). Boyle stated he receive a copy of a decision of the Eighth Circuit Court of Appeals, dated July 13, which sustained Judge Stewart's decision in the Des Moines newsrack case. Boyle reported the ordinance, as written, and the $10 annual newsrack fee were sustained, but the specific standards were not addressed by the District Court or Court of Appeals. Boyle stated the proposed ordinance is modeled after the Des Moines ordinance. Boyle stated the ordinance tries to insure that sidewalks stay clear and that there are no display advertisements on the side of the newsrack. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 4 Courtney asked if the 250 foot requirement (Section 31-162A.(4)) could be expanded or narrowed. Boyle said he was not aware of any court decision relating to the 250 foot requirement and the question that should be addressed is: Is the newspaper being given a fair opportunity to distribute the paper? Cain stated that two years ago when the Design Review Committee addressed modular units on the City Plaza, they recommended that the modular units be put in the downtown area, bounded by Burlington Street, South Capitol Street, Iowa Avenue, and Linn Street. Cain said the ordinance, as proposed, addresses modular units just on the City Plaza. Horowitz asked if the Design Review Committee looked at examples of modular units. Cain replied that Design Review Committee members have seen modular units designed by Birkley Small and modular units used in the Des Moines skywalk system. Cain presented a photo of newspaper vending machine modular units located in Boulder, Colorado. Larson asked why newspapers should be placed in modular units. Cain said a uniformed modular unit offers convenience, safety and is aesthetically pleasing. Larson asked if the ordinance would limit the number of newspaper vending machines located in the Plaza. Boyle said it would not. Timmins said there are cities who have held lotteries to see what newspapers get into the banks of newspaper vending machines. McDonald reported correspondence was received from Mary Stier, publisher of the Press -Citizen. Mary Stier appeared and stated the Press -Citizen would like to work with the City; rack sales constitutes 18Y of thePress- Citizen sales, and the Press -Citizen is open to looking at modular racks. Stier asked the City to work with area publishers and representatives of the newspaper to reach a compromise without having to pass an ordinance. McDonald said City staff previously met with newspaper representatives three or four years ago to discuss this issue. Bill Casey, publisher of the Daily Iowan, Denver Dickson, representing the Cedar Rapids Gazette, and Bob Sharp, state circulation manager for the Des Moines Register, also spoke in favor of working on this issue with City staff before passing an ordinance. Larson said there may be advantages to having a voluntary agreement with area publishers. Courtney asked Mary Stier why the Press - Citizen uses so many newspaper vending machines. Stier said it enables the Press -Citizen to sell more newspapers. Stier noted that newspaper rack sales are the fastest growing area. Courtney said the number of newspaper vending machines in the downtown plaza is a sin. Council agreed that staff should meet with area publishers to work on the newspaper vending machine issue. Atkins stated Council needs to indicate to staff what the acceptable elements of the ordinance are. Ambrisco said it is the City Council's responsibility to keep Iowa City beautiful. Ambrisco stated the proliferation of newspaper vending machines should be addressed voluntarily. Courtney suggested that the Design Review Committee be involved in discussions regarding the newspaper vending machines. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 5 COUNCIL TIME/AGENDA: Reel 88-41, Side I 1. McDonald stated Council received correspondence from the Iowa City and Coralville Convention and Visitors Bureau requesting $5,000 to be used for the Bureau's restricted loan fund. Courtney explained the Bureau loans money to organizations to enable them to make bids for conventions to be held in Iowa City. The City Council agreed to appropriate the $5,000 to the Convention Bureau. 2. Atkins announced that the Heartland Management has requested use of the City Council Chambers at 10:30 Tuesday to present information relating to Cedarwood. 3. Larson noted that applications to fill the Council position to be vacated by Kate Dickson are still being accepted. No deadline currently exists. 4. (Agenda item No. 12 - Chapter 28E Agreement with University/Chilled Water Facility.) Timmins distributed the draft of the 28E Agreement between the City of Iowa City and the University of Iowa providing for the development, use, occupancy, management and operation of the University/City parking and chilled water facility and water storage facility. Timmins noted the resolution of intent for the 28E Agreement is scheduled on Council's formal agenda. The final form of the documents will be presented to Council on Tuesday. (Further discussion after Item No. 5.) i. (Agenda Item No. 14 - A license agreement between Iowa City and AT&T.) Timmins said the proposed draft of the map will be presented to Council and the City has accepted a one-time discount license fee of $5,825 instead of the proposed $1,000 per year for the 25 year term. (Continued.) Larson asked if the public will be able to used the proposed University parking facility. Timmins stated parking will be controlled by the University. Atkins said he will ask the University about the use of the parking facility. (Agenda Item No. 11 - Agreement between City and Stanley Consultants for provision of valued engineering/wastewater transportation facilities improvements project.) Horowitz asked how the Part H Subsection I differs from what Iowa City hired a consultant manager for. Timmins said this agenda item relates to milestone schedule for all of the sewer project. Atkins explained the City is managing neighborhood sewers and interceptor sewers in-house and to possibly become eligible for federal assistance for the neighborhood sewers and interceptors, the City must do a valued engineering program by an independent contractor. MINUTES IOWA CITY CITY COUNCIL INFORMAL MEETING JULY 25, 1988 PAGE 6 EXECUTIVE SESSION: Reel 88-41, Side 2 Moved by Ambrisco, seconded by Dickson, to adjourn to executive session under Section 21.5I. to evaluate the professional competency of an individual whose appointment, hiring, performance or discharge is being considered when necessary to prevent needless and irreparable injury to that individual's reputation and that individual has requested a closed session (City Attorney evaluation). Affirmative roll call vote unanimous, 6/0, Strait absent. The Mayor declared the motion carried. The Council adjourned to executive session at 8:05 p.m.