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HomeMy WebLinkAbout1988-07-26 Correspondence0 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 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 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