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HomeMy WebLinkAbout1997-12-09 Info PacketCITY COUNCIL INFORMATION PACKET November 21, 1997 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 MISCELLANEOUS ITEMS Memorandum from Council Member Kubby: Process Suggestions ~//J Memorandum from City Manager to Airport Commission/City Council Committee on Airport Development: Meeting Date/Committee Decision Memorandum from City Manager: Leaf Vacuuming ~/~'~- Memorandum from City Manager: Community Service Committee ~ Memorandum from City Manager: Use of Public Areas q Memorandum from City Manager: Corps of Engineers/Molmar-Newsome Response Memorandum from City Manager: Mesquakie Park/Wood Chips Letter from Allison McNeese to City Manager: Hickory Hill Park Letter from City Manager to Suzanne Streitz (DTA): Snow Removal L~ Memorandum from City Clerk: Meeting Schedule for December L,/ Memorandum from City Clerk: November 10 Council Work Session /~'l Memorandum from City Attorney and First Assistant City Attorney: Complaint before t~ Iowa Civil Rights Commission against Iowa City City Council Memorandum from Planning and Community Development Assistant Conversation of Downtown Parallel Parking Areas to Angle Parking Letter from Traffic Engineering Planner Riplay to Kathryn Keeley: Avenue/Melrose Court Memorandum from Parks and Recreation Director: Update: Downtown Shuffle Cemetery Expansion Director: Melr° 7/03 Letter from A.F. and Mary Jo Streb to Jack Riessen (Iowa DNR): Scott-Six Industrial Park Karen Kub y CITY COUNCIL MEMDEE. CMc Cent.4~ 410 E. Washington St. Iowa Clty, IA 52240 (3 9) 33 -501o (,519) 35~-5009 (FAX) Residence 728 2nd Avenue Iowa City, IA 52245 (319) 338-1321 CITY OF I0 WA CITY Printed on 100% recycled paper -10% post-consumer fibers TO: 1998 Council DATE: November 18, 1997 RE: Process Suggestions All of us have talked about how to make the City Council more efficient in its decision making process. Some of the "messiness".comes from the inherent nature of democracy, but I do agree there are some things we could do to tighten our process. I haven't heard too many specific suggestions, so I've put a few of mine on paper. I hope this may encourage you to put your ideas on paper in advance of our organizational meeting on January 5, 1998. Have a goal setting session with planned periodic follow-up sessions over the next two years. Traditionally, we have held a goal setting session with an outside facilitator. We create the list of group goals, prioritize them, but the council never evaluates how we are doing in reaching these goals. Maybe they could be reproduced in a readable manner and put up in the council chambers so we can always have our goals in front of us? Follow-up sessions would help us have a structured time to evaluate not only our specific outcomes, but reinforce the commitments we made to each other and the community about process as well (i.e. agreeing to not repeat ourselves, allowing for adequate public input on the front end of decisions, etc.). Let's send our new Mayor and Mayor Pro-tem to a workshop on facilitation skills. These individuals may already have some skills, but there is great potential to refine such skills and it would pay off for each of us in saved time and frustration. Weekly Monday informal work sessions may help our productivity more then any one other thing we. may do. The few times a year we have an "off week" informal where we focus on a topic are some of the best and most productive and communicative meetings we have. I'd rather meet more frequently for less time and get more done. 1:512 4. Rotate the facilitation at informal meetings. This will build each of our leadership skills and may lead to more respectful and disciplined speaking and listening from each of us. Those who don't want to participate in this round robin approach can pass. 5. Be explicit on the selection process for council members to serve on various committees and ad-hoc sub-committees. Do we call the Mayor to express interest? Do we lobby other council members? Do we do this in the public eye, or behind the scenes? There have been multiple examples of where I came to a council meeting thinking we were going to select council members to represent the group on a sub-committee and the selections had already been finalized before the meeting. I just want to know what to expect and to understand the rules. 6. Create more consistency with scheduling regular meetings with other governmental entities. In the past, we have stated that we would meet with the Board of Supervisors every six months. This happens rarely. We have recently stated an interest in meeting periodically with representatives of the University of Iowa. We may be interested in meeting with Coralville as well. This is a matter of scheduling which is the responsibility of the Mayor. Direct our Legislative Committee to be in more direct contact with our area Legislators. Our Legislative Committee has been good at writing letters and asking for updates from staff about areas of local concern. Mary Neuhauser told me that in the past, our Legislative Committee used to meet for breakfast with area legislators once a month to get updates on the status of bills in Des Moines and to receive input from our Council. This sounds like a good and effective strategy. I would be willing to serve on the Legislative Committee. 8. Ask Council Committees and sub-committees to give periodic reports on their activities. This never happens and updates would keep us all informed. 9. I've attached a one-page summary of my thoughts on the role of Mayor. I would be most interested in talking about our expectations of the Mayor before we select our next Mayor. WHAT IS THE ROLE OF THE MAYOR? I believe the role of Mayor is one of leadership, delegation, follow through, and most importantly communication. The Mayor of Iowa City should be someone that can interact with a variety of people, have good listening skills, urge creativity and discussion from Council, staff, boards and commissions, and the citizens of Iowa City. The Mayor also is in charge of running our informal and formal council meetings in a manner allowing thorough discussion, yet keeps the group focused on the issues at hand. There are many ceremonies, ribbon cuttings, receptions, etc. to which the Mayor and Council are invited. I believe that the Mayor should ask different Council Members to be at these events to represent the city. This spreads the leadership role to all Council Members in a direct manner. There are many decisions and tasks the Mayor may be involved in which the City Council is not aware. I have wanted to be updated on these issues and decisions on a periodic basis and thought the Mayor could take a few moments at periodic informal council meeting to update the Council. There are also agenda decisions that are made on a regular basis. The mayor should seek Council advice when establishing agendas. We have had a pending list of around 35 issues ever since I've been on council. Some of those items have been the same, a very few are new ones. The Mayor should keep track of making sure that list keeps moving along. We could review this list as part of our goal setting process. I think there will need to be an increasing amount of communication and cooperation among different local governing bodies, the public, community and neighborhood organizations and the business, labor and education communities. The Mayor should play a leadership role in making sure that this communication takes place on a formal and informal basis. I do not believe that if a mayor should take on some of these tasks that it would be "micro-managing" our city staff. I believe that all Council Members have a responsibility and role to play in all of these things that have been mentioned. The Mayor can set the tone of the Council. If the Mayor is not behaving as the Council sees fit, the Council has a responsibility to let the Mayor know. Above all, the Mayor has a responsibility to be respectful to the public. This does not mean that the Mayor may not disagree or challenge someone's viewpoint, but it can be done within an atmosphere of mutual respect. City of Iowa City MEMORANDUM Date: November 20, 1997 To: Airport Commission/City Council Committee on Airport Development From: City Manager Re: Meeting Date/Committee Decision We have scheduled a meeting of the Committee for Tuesday, December 2, 1997 at 5:00 in the City Council Chamber. I expect the meeting to last 2 hours. The purpose of this meeting will be to develop a list of ideas, issues and other matters as they relate to the development of the area which we have called the North Commercial area of the Airport. We will also review the south site if time allows. I would like this first meeting be somewhat of a brainstorming session that is identify what issues we need to consider with respect to development of the sites in question. The Technical Advisory group which will serve as staff support to the Committee can prepare information, do research, etc. as you request. The project committee will also need to consider those issues associated with public and/or private development interests. As we settle in on a general development plan, that is the lot layout, zoning, water retention, street and other related construction, and other engineering issues for this project, you will need to determine how best to cause this development to proceed. The development/management options are varied and would appear to provide you flexibility in fulfilling you interests. The options for development and management could include complete City/Commission ownership, control, development investment/finance, marketing and day-to-day management. Variations of these issues or management themes can occur. As I have suggested I believe a well directed, focused role by the local government (City Council and Airport Commission partnership) is necessary. However, this does not mean that we will not seek the advice and use the resources of the private sector to cause this development project to proceed to a successful conclusion. For example, while the City Council/Airport Commission would determine the overall project plan, layout, zoning, etc. you could choose to contract with a development/real estate company to market the project and possibly serve as a landlord, by contract, for this project. Of course, you can expect to pay a fee for these services as well as 2 any other contracted services you require. I believe that the City Council/Airport Commission partnership can establish, through policy guidance, the direction you wish to see this development occur. That is as the property is marketed you may, by way of zoning and other regulations, determine the types of uses you would be interested in seeing on this site. Early development interest had indicated that Airport related uses might have a preference and therefore that such preferences should be clearly identified in the joint City/Commission development agreements. As the Airport Commission and City Council come together on the project plan it will be important to prepare some sort of contractual/memorandum of agreement arrangement in order to guide the development and in general articulate everyone's responsibilities and expectations. If the Airport Commission/City Council wishes to have a greater participation on the part of the private sector, framework of the agreement could assist in developing a formal request for proposal on the overall project and/or the selected services you wish to see the private sector perform. The public interest I believe is paramount in this development project and must be clearly confirmed and identified. The local and federal governments through use of their financial and planning resources will have significant effect on the success of this prospective development. Your final policy decisions will direct the disposition of public property whether it be by sale or long-term lease. The fiduciary responsibilities associated with the ownership of this property by the City and Airport Commission must clearly be understood and policies support that responsibility. It is likely the land will remain in public ownership (if leased) and therefore applicable laws and regulations will influence your development decisions. Please be prepared for a discussion that will be substantially an effort to develop the issues for these planned projects. I will serve as facilitator. I have enclosed a few pages from the May 1997 appraisal of the property. This information should be helpful. See you on Tuesday the 2nd. CC: Ron O'Neil Karin Franklin Chuck Schmadeke Eleanor Dilkes Im\mem~sa 11-18.doc Highest and Best Use Analysis .23 Highest and best use may be defined as: The reasonably probable and legal use of vacant land or an improved property, which is physically possible; appropriately supported; financially feasible; and that results in the highest value. (Appraisal Institute, The dppraisal of Real Estate, Tenth Edition, 1992, Page 275.) In cases where a site has existing improvements, the highest and best use may be different from the existing use. The existing use will continue until the land value, as if vacant, exceeds the total value of the property net of the cost to remove the improvements. The highest and best use of a specific parcel of land or improved property is not determined through subjective analysis by the property owner, the developer, or the appraiser; rather, highest and best use is shaped by the competitive forces within the market where the property is located. Therefore, the analysis and interpretation of highest and best use is an economic study of market forces focused on the subject property. The highest and best use of the land and improvements becomes the basis for estimating value in each valuation section of this report. The use that maximizes the value represents the highest and best use. The highest and best use of both land, as though vacant, and property, as improved, must meet four criteria. The highest and best use must be legally permissible, physically possible, financially feasible and maximally productive. Legally Permissible - We have examined private restrictions, zoning, building codes, historic district controls or environmental regulations that may limit or preclude many potential uses. Private restrictions and deed restrictions relate to the covenants under which properties are acquired and may prohibit certain uses or specify building set-backs, heights, and types of materials. The property uses allowed by zoning reflect the available choices in most highest and best use determinations. Building codes can prevent land t¥om being developed to its highest and best use by imposing burdensome restrictions that increase the cost of construction. Increasing concern over the effects of land use have resulted in environmental regulations pertaining to clear air, clean water, and wetlands. Phvsicallv Possible- The size, shape, area, terrain, accessibility. and risk of natural disasters such as [loods or earthquakes affect the uses to which the subject can be developed. Certain parcels can achieve their highest and best use only as part of an assemblage. Tile capacity and availability of public utilities must also be determined. The topography and subsoil conditions of a site can also make development difficult or costly. Tile highest and best use of a property, as improved, also depends on physical considerations such as size, design, and condition. Financially Feasible - [fa use is found to be legally permissible and physically possible, it is necessary to then determine if it is likely to produce an income or return equal to or greater than the amount needed to sat/sty operating expenses, financial obligations and capital amortization. A use that is expected to produce a positive return is regarded as financiaUy feasible. If the net revenue capable of being generated from a use is sufficient to satisfy the required rate of return on the investment and provide the required return on the land, the use is financially feasible. .] 24 Maximally Productive - The financially t~asible use that produces the highest residual land value is the highest and best use. It is necessary to determine the appropriate rate of return that reflects the associated risk inherent in various types of developments. Highest and Best Use, As If Vacant Legally Permissible - The subject is zoned P for public use for farm land or municipal use only. 'Land use conveyed to a private owner must request the zoning change for use. However, Leasehold use will retain the original P designation with overlay use zoning. Given the nature of the surrounding development and growth patterns it is reasonable to expect development as a mix of light industrial or service commercial. The subjects current zoning, is not the primary factor in development to the highest and best use. Physically Possible - The subject's size, shape, and topography will affect its development potential. The majority of the subject is impacted by the 100 year flood plain. Accordingly, fill needs to be added to bring an improved construction level I to 2 feet above the 100 year flood plain. The subject is heavily influenced by several locatiohal factors. There is currently no frontage along a major arterial. The subject does have access to Ruppert Road and subsequently to Highway I. In order to comply with FAA guidelines, it will be necessary to acquire property adjacent to the subject on the east. This acquisition would then provide a looped road system wlnich is essential for fully functional usage as either light industrial or service commercial. There may however, be alternative access drives that could be developed across existing air port controlled land that would solve this problem without further acquisition. Bringing access across the property leased to the iowa City School Board is another option. Considering the control that the airport has over surrounding lands and the changes/acquisitions that will occur in meeting FAA requirements, it is my opinion that this secondary access can be acquired. X, Ve have appraised the land under the conditions that this change is likely. However, no prudent buyer or lessee is likely to invest significantly in interior infrastructure unless this question is resolved satisfactorily. The location adjacent to the [o,va City Airport, State Highways 6 and l as well as Interstate 218 provide a traffic grid which is well suited to intensive commercial development as its highest and best use. Commercial development currently expanding in the neighborhood also increases its potential as a secondary commercial site over other possible uses. This is the type of area that accommodates uses such as m ini-warehouse. contractor offices and shop space, wholesalers with complimentary small retail operations. Similar uses have developed in the Coralville industrial park off First Avenue near the !-80 interchange although in a less controlled manner than I would envision rbr the subject. Financialiv Feasible - As noted in the above section, for improvements to be added to the subject. the ground level must be raised I to 2 feet above the flood plain. The site value now becomes the product of w'hat the developer must add to the site to make it useful and what type or' improvement would warrant a viable return. When viewed as industrial land, two factors come into play: One, the demand for large industrial property. is adequately met by the current supply especially with the recent development of the Streb Park located on Scott Boulevard and Highway I. The absorption of industrial land is likely to be extended and would not provide a 25 return adequate to cover the infrastructure and provide a profit. Second, the value of land must be high enough to justify the. cost of development and subsequent construction with in the flood plain. Unlike industrial land, service commercial property will not only absorb more quickly, but it develops a higher value per square foot especially for lots developed in the !.$ to 3 acre range. The higher value and quicker absorption rates is more likely to carry the cost of infrastructure and development and still provide a reasonable profit to the developer. Maximally Productive - The most maximally productive use for the subject site, as vacant, would be for development as intensive commercial sites that are consistent with the foregoing analysis. ~ Hiehe. st and Best Use - Based on this analysis, the Highest and Best Use is for development to intensive commercial lots in a range of sizes from 1.5 to 3 acres with the option to combine two or more lots if a larger user becomes available. While I believe the core market continues to be relatively small users there is a reasonable possibility that the site could attract a large warehouse type store assuming that the access problems near Riverside Drive are addressed. 1 1 Land Valuation 26 The purpose of this section is to estimate the market value of the subject site, as if vacant and ready for development, to its highest and best use. The land value estimate will be used in the Cost Approach, which is developed by the summation of the land value and the depreciated cost of the improvements, if any. The Sales Comparison Approach was used to estimate the market value of the subject site. This approach compares other similar vacant land parcels that have recently sold. This involves the principle of substitution which states that a "prudent purchaser will not pay more for a property than it would cost to buy an equally desirable substitute." Factors considered most important in arriving at an estimate of market value are as follows: - Financing and terms of sale - Date of sale - Location - Size/Shape - Topography and related factors - Other The appraiser researched the market and selected the most comparable sales to the subject. These sales are analyzed on a sales price per acre basis. Details of each comparable are included in the Addendum. The following Land Valuation Adjustment Table summarizes the sales and the appropriate adjustments as they relate to the subject. Land Valuation Adjustment Table Sale I Sale 2 Sale 3 Sale 4 Sale 5 Value Acre Analysts Wal-Mart Menards General Growth General Growth Wright Bros Blvd SUBJECT Iowa City Iowa City Coralville Coralvalle Cedar Rapids DATA Data Adj. Data Adi. Data Adj. Data Adj. Data Adj. Sale Date N:A Feb-91 Jtm-93 Oct-96 Aug-96 Feb-96 Cash Equiv Price Market 800.000 706,30.3 1.480.500 1.631.000 790.000 Acres 54.40 .*8.00 12.77 59.22 47.93 68.67 Sales Price, Acre Market 28.571 55..I tO 25.000 34.029 I 1.504 "..~.d~ F~r Time 20.00% Acre Market 34.286 55.310 25.000 34.029 I 1.504 Locauon .-\,. cmgc Superior -1500% Superior -15.00% Similar Assemblage .I 5.00'4, Interior 3000% gon,ng P CC-2 CI-I 000% C-2 C-2 I-I. CWH.C-3 Size I 54 40 28 -10.00% 12.77 -20.00% 59,22 47.93 68.67 Ph? s~cal Character L¢'. el Rolling Rolling Rolling -5.00% Rolling .5.00% Rolling Flomt Plato Flood Plato Flood Plain Pipeline Uulities .Access All All 0.00% All 0.00% All 0.00% Partial 15.00% Not % Adjustment -25 00% -35.00% -5.00% -20.00% 45.00%] Value per Acre 25.714 35.951 23.750 27.223 16.681I _] ] __ 27 Analysis and Adjustments Financing, - The financing adjustment is the first adjustment in the Sales Comparison Approach. Since the subject property is appraised as a cash sale or its equivalent, those sales with favorable financing have been adjusted accordingly. The indicated sales price on the Market Data Adjustment Table reflects a cash equivalent sales price. In this case, all of the sales transferred at cash or cash to a new mortgage. There is no adjustment for the terms of sale. Time - The time adjustment is based upon the appreciation or depreciation of property values occurring between the date of the comparable sale and the valuation date of the subject property. All subsequent adjustments will be made to the time adjusted sales price. [ have made a significant time adjustment for the Wal-Mart sale since it sold in February of 1991. I would emphasize however, that it was the development of Wal-Mart that ultimately made surrounding commercial development possible[ It was the Wal-Mart that encouraged the extension of adequate sewer to this area, as well as other infi:astructure such as frontage roads, traffic lights and water detention areas. Thus the appreciation used for Wal-Mart is not solely due to the time of sale. Location - The location adjustment considers area development, access to support facilities, visibility, and accessibility, the demand for the area, etc. In this case, I am most concerned with whether the location can foster a large retail user with direct access and excellent visibili~ £rom a major arterial. Both Wal-Mart and Menard's are superior to the subject in this regard. Support tbr this adjustment comes from comparing these t~vo sales to comparable 5 which is not in a retail location. A secondary concern is the quality of surrounding development. Comparable 3 is tile first land purchase by General Growth for the Coralridge Mall. The second land purchase (comparable 4) is located immediately behind this first purchase. General Growth was forced to pay a premium for this second purchase as is typical with an assemblage. The subject is more similar to tile first purchase in this regard since the commercial users along Highway I have not demonstrated a demand for extending their sites fur:her to the rear. Zonin~ - In each case, the zoning was a contingency of the purchase. Moreover, it is the locatiohal characteristics that have determined zoning in these cases. I would argue that the subject is unlikely to sell for more per acre if it were zoned CC-2 versus CI-I. For this reason, no adjustment tbr zoning has been made. Size/Shape - The size adjustment is based upon the principle that typically, the larger the area, the lower tile sales price per unit of comparison. The shape adjustment takes into consideration such thctors as t?ontage to depth ratios arid overall utility. In this case, I have specifically chosen relatively large land sales. Three of the sales are in excess of 45 acres. Sales I and 2 in contrast are 28 acres and 12.77 acres. I would argue that different supply and demand thctors impact these larger parcels and they are most similar to tile subject in this regard. Typically. parcels over 20 acres will require subdividing and a higher densi .ty of infrastructure to serve multiple lots. It is not unusual for smaller commercial land sales with similar characteristics to sell for in excess of 5;2.25 per square foot. However. in order to achieve these prices, a developer has subdivided the land, put in all interior infrastructure and expects an extended marketing time which i,~ turn increases interest costs. With these considerations in mind, l have adjusted sales 1 and 2 for size based on comparing them with the other sales. Physical Characteristics - This adjustment considers such factors as acceptable grade level, drainage, and accessibility. The subject suffers ~rom being in the 100 year flood plain. 28 Surrounding properties such as Wal-Mart and Menard's put in extensive water retention basins and added significant fill as part of the construction. The subject is similarly affected however, given its larger size, it has more flexibility to accommodate this problem. Comparables 3 and 4 had a small stream through the site but they were not affected by the flood plain. Utilities - As noted, the subject has water, sewer, natural gas, and electrical service to the site. The impact on price due to the availability of utilities is difficult to quantify. All of the cornparables have water, electric and natural gas in relatively close proximity to the site. At the same time all of the subsequent development on these cornparables required significant outlay for augmented utilities especially for sewer. It is my opinion that the subject was most similar in this regard to cornparables 1, 2, 3 and 4. In contrast, comparable 5 required tap on fees and there were certain capacity problems both with the sewer lines and with processing. It has been adjusted upward for this reason. Conclusion The strongest pattern of value falls between $23,000 and $27,000 per acre. The other two sales are significantly outside this pattern, but they do bracket this central value. Based on this information I have given most emphasis to these three sales in the middle of the range. The estimated market value of the subject site is $25,000 per acre or as follows: 54.4 acres ~ $25,000 per acre is: $1,360,000 City of Iowa City MEMORANDUM Date: November 21, 1997 To: City Council From: City Manager Re: Leaf Vacuuming We are currently on schedule with respect to leaf vacuuming throughout our neighborhoods. The problem as many of you are certainly aware, is that the leaves have not completely dropped and, therefore, many neighbors are concerned about how they are to dispose of their leaves. While we encourage bagging, our community has grown accustomed to our leaf vacuuming effort. After consulting with the Street Superintendent, we have decided to continue the leaf vacuuming program through Friday, December 5. The program was to have ended Wednesday, November 26. This is an attempt to provide at least one more weekend for our citizens to bring leaves to the curb for vacuuming. This change in operational procedure is not without risk. As we move further into winter and the need for changeover from leaf vacuuming to snow plows the time involved can be critical when responding to a snowstorm. We all need to be reminded that the Public Works leaf vacuuming crews and the trucks utilized in leaf vacuuming are the same personnel and equipment we use for snow removal. We are currently over 100 truck loads of leaves less then we were at this point last year which we believe indicates the need to take some different action. We will be initiating this extended leaf vacuuming immediately. Im\mem~sa 11-21 ,doc City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council City Manager November 20, 1997 Community Service Committee Lisa received a call earlier this week from Lowell Brandt, Treatment Director at the Iowa Medical and Classification Center (Oakdale Facility). The facility has received a federally-funded, state-allocated grant to administer a community service committee consisting of inmates. Mr. Brandt inquired as to whether or not the City would be interested in utilizing the services of the committee. Department Directors have relayed to my office some project ideas such as clean-up of downtown and parking ramps, removing illegally-posted signs from utility poles, and clearing creek beds. The grant provides for Oakdale staff to transport and supervise the participants. The City would need to advise them of their task and provide whatever equipment is required to perform the job. The group will be comprised of approximately ten individuals who will be available for a day every other week. Use of inmate labor has proved to be a very positive experience as demonstrated by their work on the downtown holiday lights. I will update you as the program progresses. City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council City Manager November 20, 1997 Use of Public Areas In response to recent Council discussion regarding use of public areas, I would like to review the City's administrative policy on approving requests for use of public property. Applications are received by the City Manager's Office and routed to departments that would be affected by the event. For example, Transit would need to be aware of a downtown race so buses could be rerouted. Department Directors suggest ways to make the event as safe as possible while keeping the effect on nonparticipants at a minimum. Lisa and I then review the plan and, if all necessary criteria are met, I authorize the event. Council is informed of the approval on the next Formal Meeting Consent Calendar. During the application process, the words to be spoken/sung, the information to be distributed, and/or any symbols to be displayed are not reviewed for content. Because these are public areas, we would not deny an individual or group the ability to express thoughts or opinions. Obviously, the manner in which thoughts are expressed (volume, size, etc.) is reviewed and regulated. My office makes a concerted effort to approve each event requested to allow the citizens of this community to use public areas without the government making judgments on ideas expressed. City of Iowa City MEMORANDUM Date: November 20, 1997 To: City Council From: City Manager Re: Corps of Engineers/Molmar-Newsome Response Attached are items of correspondence received from the Corps of Engineers. You will recall I directed a letter to their attention commenting on their recent study efforts concerning the Coralville Dam. The correspondence is self-explanatory and we have spoken with Professors Molmar and Newsome. I understand they are responding to the Corps of Engineers. At this time they have asked we review some follow-up information prior to requesting any further public hearings or comment. If there are technical issues they can be resolved by way of discussions between Corps representatives and the professors, we will encourage such communication. I will keep you advised. Attachments Irn\mem~sal 1-182.doc REPLY TO ATTENTION OF: Planning Division DEPARTMENT OF THE ARMY ROCK ISLAND DISTRICT, CORPS OF ENGINEERS CLOCK TOWER BUILDING -- P.O. BOX 2004 ROCK ISLAND, ILLINOIS 61204-2004 October 24, 1997 Mr. Stephen J. Atkins City Manager City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Dear Mr. Atkins: Thank you for your letter dated October 17, 1997, regarding the Section 216 Reconnaissance Report for Coralville Reservoir. The Coralville Reservoir Reconnaissance Study was the first phase of the Corps of Engineers' two-phase planning process: the Reconnaissance Phase and the FeasibiIity Phase. The Reconnaissance Phase was fully funded by the Federal Government and was completed in less than 12 months. The purpose of the Reconnaissance Phase was as follows: · Define the problems and opportunities and identify potential solutions. · Determine whether or not there is a Federal interest for planning to proceed into the Feasibility Phase based on a preliminary appraisal of costs, benefits, and environmental impacts of the identified potential solutions. If there is not a Federal interest or a willing non-Federal sponsor, the Reconnaissance Phase is terminated. · Estimate the cost of the Feasibility Phase. · Assess the support of the non-Federal sponsor for continuing into Feasibility and eventually construction of a project. If there is support, a Feasibility Cost-Sharing Agreement would be entered into between the Corps of Engineers and the Sponsor. The State of Iowa was initially identified as the non-Federal sponsor for the Coralville Reconnaissance Study. Based on the findings of the study, neither the State nor other potential sponsors were interested in pursuing a Feasibility Study; therefore, we had to terminate the study. -2- Numerous coordination efforts between the Corps of Engineers and Federal, State, county, and city officials; University of Iowa representatives; and other interested groups occurred during the Reconnaissance Study. Section 3 of the Reconnaissance Report lists most of the coordination efforts of the study team. These efforts included (1) presentations to Iowa City Council, February 1994; (2) door-to-door interviews with over 350 residents of of the Iowa City River Corridor, spring of 1995; (3) tour of Iowa City with city officials and newsletter published, October 1995; (4) resource managers meeting at Coralville Lake, July 1996; (5) public open house, August 1996; (6) another newsletter published, December 1996; (7) letter sent to resource managers and cities along the Iowa River, March 1997; (8) several meetings with State of Iowa Department of Natural Resources; and, (9) response to several letters submitted by interested parties since the flood of 1993. In each newsletter, mailed to over 1,000 members of the public, the addressees were encouraged to provide their questions, comments, or suggested alternatives to the Rock Island District point-of-contact or the study manager. I believe that we have met our commitment for public involvement throughout the study process. Regarding the Professors' Molnar and Newsom critique, we are in the process of responding to Professor Molnar. I will provide you a copy of our response. We are avaLlable to participate in any forum you set up to dialogue with you, the city council, and the public. Sincerely, Colonel, U.S. Army District Engineer Copy Furnished: Mr. Lawrence A. Molnar 700 Manor Drive Iowa City, Iowa 52246 REPLY TO ATTENTION OF: Planning Division DEPARTMENT OF THE ARMY ROCK ISLAND DISTRICT, CORPS OF ENGINEERS CLOCK TOWER BUILDING-- P.O. BOX 2004 ROCK ISLAND, ILLINOIS 61204-2004 November 3, 1997 04 1997 CITY MANAGER'S OFFICE Mr. Lawrence A Molnar 700 Manor Drive Iowa City, Iowa 52246 Dear Mr. Molnar: The purpose of this letter is to respond to your letters, dated September 15, 1997, to Colonel James V. Mudd of the Reck Island District and Majer General Phillip R. Anderson of the Mississippi Valley Division of the U.S. Army Corps of Engineers. Your letters forwarded your detailed response to the Section 216 Reconnaissance Report for the Coralville Lake, Johnson County, Iowa, project. Issue 1 - Public Review and Coordination The objective of public involvement and coordination is to open and maintain channels of communication with the public in order to give full consideration to public views and information in the plantting process. Corps of Engineers regulations provide a general "blueprint" for public involvement activities. The level of public involvement is determined by the scope, length, interest, and funding of a study. Numerous coordination efforts between the Corps of Engineers; Federal, State, county, and city officials; University of Iowa representatives; and other interested groups occurred during the Reconnaissance Study. Section 3 of the Reconnaissance Report lists most of the coordination efforts of the study team. These efforts included (1) presentations to Iowa City Council, February 1994; (2) door-to-door interviews with over 350 residents of the Iowa City River Corridor, spring of 1995; (3) tour of Iowa City with city officials and newsletter published, October 1995; (4) resource managers meeting at Coralville Lake, July 1996; (5) public open house, August 1996; (6) another newsletter published, December 1996; (7) letter sent to resource managers and cities along the Iowa River, March 1997; (8) several meetings with State of Iowa Department of Natural Resources (the cost-sharing partner); and, (9) response to several letters submitted by interested parties since the flood of 1993. In each newsletter, mailed to over 1,000 members of the public, the addressees were encouraged to provide their questions, comments, or suggested alternatives to the Rock Island District point-of-contact or the study manager. -2- Although a summary of the report was not provided on the Internet, as stated in the December 1996 newsletter, a notice of study findings, which summarized the report% conclusions, was provided to those on the extensive m siling list. Copies of the report also are available at libraries within the Coralville Lake area. Regarding your statement in paragraph 3 on page 2 of your letter, the Reconnaissance Report, Section 4 - Recommendations, page 67, states that "initiatives to alter flow release rates proved not to be in the Federal interest, updating the Water Control Plan to include data related to this study could aid in making future decisions regarding operation and maintenance of the project." This is why the Rock Island District has requested funds to update the existing Water Control Plan from the Operations and Msintenance (O&M) budget for Fiscal Years 1996, 1997, 1998 and 1999. To date, funds have not been received because of higher priority projects for the Corps of Engineers. The July 1995 letter from the Deputy District Engineer for Project Management, Mr. Doyle W. McCully, which stated "we plan to produce an interim regulation plan at about the time the reconnaissance study is scheduled for completion at the end of FY 97," assumed O&M funds would have been allocated for producing the interim plan. Funds have not been provided for this effort. Issue 2 - The Need for Quantitative Uncertainties There are basically four purposes of a Reconnaissance Study: · De£me the problems and opportunities and identify potential solutions; · Determine whether or not plsnning should proceed into the Feasibility Phase based on a preliminary appraisal of the Federal interest, costs, benefits, and environmental impacts of the identified potential solutions; · Estimate the cost of the Feasibility Phase; and, · Assess the support of the non-Federal sponsor for continuing into Feasibility and eventually construction of a project. The Reconnaissance Study was performed in sufficient depth to respond to each project purpose within available schedules and funding. There is no provision for evaluating and]or optimizing many alternatives. There is also no provision for performing detailed risk and uncertainty analysis in a Reconnaissance Study. Issue 3 -Ad Hoc Nature of Recommended Plan The operating plan we are now following does call for the conduit to be fully opened for the entire time water is going over the spillway. It should be noted that once water is going over the spillway and the pool is raising, a reduction in flow out of the conduit would cause the pool to rise faster. This results in more water going over the spillway. -3- Issue 4 - Methodology of Flood Control Optimization Issue 4.1 - Searchin~ parameter space The current outflow plan, two revised plans, and several options involving down- stream constraints and growing seasons were investigated in detail. Optimization determination, through the use of risk and uncertainty analysis, is not a requisite at this level of investigation. Maximum practicable benefits were determined during the development of the 1991 Water Control Plan. Issue 4.2 - Including key parameters: downstream thresholds See response 2 above. Issue 4.3 -Trends in river flow See response 2 above. Issue 4.4 - Inclusion of extreme events Extreme events were. considered. An assumption was made that downstream flow frequency of the natural and regulated flow conditions would be the same at the 0.002 probability and less frequent events. When this occurs, the reservoir would act like a wide spot in the river, and the only reduction in flow would come from reservoir pool routing. Issue 4.5 - Costs of an optimized plan: flowage easements Under current or normal operations, which restrict the amount and time of year for release flows, it has been determined by a court ruling that no flowage easements are required on any downstream lands inundated due to these normal operations of Coralville Dam. However, the two alternatives considered would allow flooding of downstream lands at any time of year and potentially to a greater amount. Based on existing information available, including aerial photos and past investigations, there is evidence that the change in project operation may result in a real estate taking of the lands affected. The Fifth Amendment to the Constitution requires that landowners be compensated for the taking of their lands for public use. Therefore, the decision was made that for this level of study, we must make the assumption that flowage easements would be required and associated costs made a part of the benefit-to-cost calculation. A final determination of the need and extent of real estate interests required would be based on a Real Estate Takings Analysis which would be performed during a Feasibility Phase of study. A Gross Appraisal to further refine the estimated land values and associated costs would also be done during the Feasibility Phase. Issue 5 - Omission of Important Conclusions from Recommendations Issue 5.1 - Revision of downstream thresholds The conclusions you have drawn regarding downstream thresholds are noted. -4- Issue 5.2 - A written flash flood contingency plan The referred to Standard Operating Procedure (SOP) is a set of instructions for getting gage data, both precipitation and river level, to the proper Rock Island District Corps of Engineers Water Control Section personnel in a timely msnner so that informed regulation decisions can be made during flash flood situations. Once the data is obtained through the SOP, appropriate staff then regulate the dam according to the regulation schedule. The SOP for Coralville has been updated since the 1993 event. In addition, more gages have been installed on Rapid and Clear Creeks which provide even more data than what was available during the 1993 flood. This has been justly explsined on page 65 of the Reconnaissance Report. Issue 6 - Conclusion No response required. Rock Island District has recently received an invitation from the city of Iowa City to address the council members about updating the Coralville Lake Water Control Plan. Perhaps you could plan to attend this meeting when a date and time have been set. Sincerely, Copy Furnished: ~. Stephen J. Atkins City Manager City of Iowa City 410 East Washington Street Iowa City, Iowa 52240-1826 Dudley M. Hanson, P.E. Chief, Plsnning Division City of Iowa City MEMORANDUM TO: FROM: DATE: RE: City Council City Manager November 21, 1997 Mesquakie ParkNVood Chips We have an excess of wood chips following storm clean-up. Terry Robinson spoke with representatives of the Iowa DNR about spreading the wood chips in Mesquakie Park. Our question was whether or not it was permissible for us to spread wood chips that are not contaminated by inorganic material but unfit for our use. The Iowa DNR advised that as long as we do not disturb the site by digging, the spreading of chips would be acceptable and even welcomed to help develop better soils in the area. It is our intention to transport the excess poor chips generated from storm cleanup to the park and spread them. We will accomplish two tasks: 1) clean- up our holding-bin at City Park and 2) improve the soil make-up at Mesquakie. Allison McNeese 618 E. Fairchild Iowa City, Iowa 52245 November 10, 1997 Mr. Steve Atkins City Manager of Iowa City 410 E. Washington Iowa City, Iowa 52240 Dear Mr. Arkins, I am opposed to the plan currently under consideration that would involve the paving of a "spine" trail through the middle of Hickory Hill Park. For the past several years I have spent at least an hour every day walking through this park in virtually all kinds of weather, and I have come to appreciate the park's uniqueness as a respite from the stress of everyday life. Frankly, I've never seen a city park quite like Hickory Hill. Although there are any number of parks where a more "manicured" approach to enjoying nature seems perfectly appropriate, this park allows its users to experience fields and forest in a way that makes it hard to believe that it is still within the city limits. It seems to me that there are ample places for bicyclists and skaters to race through elsewhere, but there is absolutely nowhere else in the city that this kind of pure nature environment is even possible. It makes me wonder if those who have planned asphalting such an area have ever walked the trails and fields of Hickory Hill. Please do not allow this unique space to be ruined. Allison McNeese Copies to Iowa City Council members and Parks and Recreation Commissioner Terry Trueblood November 18, 1997 Ms. Suzanne Streitz, President Downtown Association P.O. Box 64 Iowa City, IA 52244-0064 CITY OF I0 WA CITY Dear Suzanne: Enclosed is a letter I recently received which is representative of the types of complaints that are, unfortunately, all too frequent. What we normally do with respect to snow removal in our downtown area is to handle these matters on a case-by-case basis. That is, if we receive a complaint, we will notify the property owner. Unfortunately, we have been readily criticized by downtown property owners in the past for this method of enforcement. The choice of a complaint basis we believe is fair, but at the same time it would probably be even more fair for us to have a walk through downtown following a snow in order to enforce snow removal from the sidewalks. It is not my intent to change our current practice, but I wanted to let you know that there are those that believe we have the responsibility to clear the sidewalk in front of downtown shops, stores, and restaurants. As I am sure you are aware, this type of complaint about our downtown could easily be avoided by initiatives on the part of business owners. At your earliest convenience, please do your best to inform the downtown property owners of their responsibility to make for a better downtown by snow removal from sidewalks. It certainly would alleviate more stringent enforcement action and/or liability if someone were to slip and fall. Thanks for your attention. Stephen J. Atkins City Manager Enclosure cc: City Council jw,'lt r/sa-snow,doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 356-5000 · FAX (319) 3~6-5009 OCT 2 9 1997' CITY MANAGER'S OFFICE 2315 Rochester Avenue Iowa City, 52245 October 28, 1997 Dear Mro Atkins, We respect and appreciate your evident, manner of consistent attention to matters, sm~11 and large, affecting government operations, practices, and procedures in Iowa City. 'What follows is likely in the first category, 'small' in the total scheme of things, but, as residents of the city since '46 (except for a few years in southern California in the '80's), and, as fo~ks who still dine out in downtown Iowa City 2-3 times weekly, may we earnestly suggest and urge that the city get on top of a notorious winter-time shortcoming -- existing year in and year out. The south side of Iowa Avenue, from Clinton to Linn, and a half a block beyond toward Gilbert Street, the sidewalks in said sector, that is, are almost habitually neglected whenever it snows. Again, the past couple days, after Sunday's snow, those walks are packed with ice and snow -- like they usually have been many a day in previous winters. Get on those property owners pronto, lest they continue their bad snow removal habits of prior years -- including, of all individuals, a city council member's business property at the corner of Clinton and Iowa Avenue -- not picking on said business -- just stating a 'dangerous' fact~ Thanks for your assistance ................. if being billed for city employ- ees being assigned to do the job immediately after a snowfall is necessary to get all those property owners' attention, so be it. Our best to you and yours. Sincerely, William Bleeker City of Iowa City MEMORANDUM Date: To: From: Re: November 20, 1997 Mayor and City Council Marian K. Karr, City Clerk Meeting Schedule for December REVISION #17 · (Cancel regular scheduled meetings of December 1 and 2) · Monday, December 1, Special Work Session (Sales Tax and Solid Waste) - 7:00 p.m. Monday, December 8, Special Work Session Tuesday, December 9, Special Formal - 7:00 p.m. 6:30-7:00 p.m. - (joint meeting with P&Z) 7:00 p.m. - Standard work session · Monday, December 15, Regular Work Session - 7:00 p.m. Tuesday, December 16 Regular Formal- 7:00 p.m. · (Cancel regular scheduled meetings of December 29 and 30) cc: Department Directors Cable TV Maintenance cclerk~schedule.doc Date: To: From: Re: City of Iowa City MEMORANDUM November 20, 1997 Mayor and City Council Marian K. Karr, City Clerk Council Work Session, November 10, 1997 - 7 p.m. in Council Chambers Mayor Naomi J. Novick presiding. Council present: Baker, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Staff present: Atkins, Helling, Karr, Dilkes, Franklin, Davidson, O'Neil, Mitchell, Schmadeke. Tapes: 97-150, side 2; 97-151, all; 97-152, all. Review Zoning Matters 97-150 S2 Planning and Community Development Director Franklin presented the following Planning and Zoning items for discussion: Public hearing on an ordinance amending the approved Sensitive Areas Development Plan for Walden Hills to allow the development of 120 dwelling units on Lot 53, containing 8.66 acres and located within the OSA-8, Sensitive Areas Overlay zone at the northwest corner of Rohret Road and Shannon Drive. (REZ97-0016) In response to Novick, Franklin stated she will check on the location of the air conditioners. b. Public hearing on a resolution approving the annexation of a 2.81 acre tract located southeast of the intersection of Iowa Highway 1 and Naples Avenue. (ANN97-0002) Novick requested stating specifically that the required landscaping be located along the outside of the fence. Franklin stated she will follow-up. In response to Norton, Franklin stated she will look at screening requirements along Highway 218. Public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of a 2.81 acre tract, located southeast of the intersection of Iowa Highway 1 and Naples Avenue, from County CP-1, Planned Commercial, to C1-1, Intensive Commercial. (REZ97-0014) See Item b. Public hearing on an ordinance amending the Zoning Ordinance by changing the use regulations of a 0.87 acre tract, located on the east side of West Side Drive and south of Earl Road, from RM-12, Low Density Multi-Family Residential and C1-1, Intensive Commercial, to CO-1, Commercial Office. (REZ97-0004) A council majority favored one foot candle lighting. Franklin noted council should continue the p.h. on the Westside Park because staff will have to amend the CZA. Council Work Session November 10, 1997 Page 2 e. The Comprehensive Plan, including the South District Plan. Public Hearing and Resolution Adopting. Franklin noted council should continue the p.h. November 11 & 18 because of council's November 19 work session to discuss the Comprehensive Plan. Resolution approving the preliminarv and final plat Resubdivision of Lot 1 and a portion of Lot 2, West Side Park, a 2.5 acre, three lot commercial subdivision located at the intersection of West Side Drive and Mormon Trek Boulevard. (SUB97-0023) In response to Vanderhoef, Franklin stated she will check amount of r.o.w. available for road widening. A letter to the Johnson County Board of Supervisors recommended approval of an application to rezone approximately 23 acres located at the southwest corner of Dane Road and Osage Street from Rural ('A1) to Suburban Residential ('RS-5). ('CZ9746~ Airport North Commercial Area/Public Works Facility 97-150 S2 City Manager Atkins presented Airport North Commercial Area/Public Works Facility concept. In response to Norton, Atkins stated he will prepare comparable land preparation cost for the north side. Atkins stated he will develop an agenda of issues relating to the Airport North Commercial Area/Public Works Facility concept and the framework of the agreement between the City Council and Airport Commission is the single most important issue right now. Staff Action: Memo outlining approach in November 14 information packet. (Atkins) Bows and Arrows 97-151 S2 (Agenda Item #10) City Attorney Dilkes and Assistant City Attorney Dennis Mitchell presented information. In response to Council, Mitchell stated he will delete "stationary" and insert "inanimate." Mitchell recommended that Council proceed with first consideration. Captain Irish Parkway/First Avenue- Update 97-151 S2 (Agenda Item #2d(2)) City Manager Atkins, Public Works Director Schmadeke and Planning and Community Development Director Franklin presented Captain Irish Parkway/First Avenue update. Arkins summarized the following council decisions: 1. Construct a 12" water line from Dodge Street along Captain Irish Parkway to approximately the ACT Driveway. 2. Construct a 24" water line from Dodge Street to approximately the ACT Driveway. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 10, 1997 WSl11097 Council Work Session November 10, 1997 Page 3 3. Construct geometric changes and install signal Dodge and Parkway intersection. 4. Grade for streets from Dodge to wherever east of the ACT Driveway necessary to provide the fill dirt. 5. Construct Captain Irish Parkway east to a point just beyond the ACT Driveway in accordance with the fill. 6. Conclude agreements with ACT. 7. Initiate Planning Process. Atkins stated he will prepare a policy statement to be used to support the upcoming planning process. Appointments 97-152 S1 Board of Adjustment: No applicants, re-advertise. Board of Appeals: Re-appoint John Roffman and Gary Haman Board of Library Trustees: Linda Dellsperger Design Review Committee: No applicants, re-advertise. Human Rights Commission: Diane Martin, Arthur Vincent, Jr., and a third appointment to be determined at Council's formal meeting. Parks and Recreation Commission: Re-appoint Bruce Mauer, Barbara Endel Riverfront and Natural Areas Commission: Re-appoint Courtney Daniels, appoint Lynn Rose, and Dan Mascal Senior Center Commission: Re-appoint Chevalier Monsanto, and appoint Deborah Schoenfelder. Council Agenda/Council Time 97-152 Sl 1. Norton inquired about City discussion of performance based budgeting. 2. Norton raised concerns about the size of the newly installed parking islands on College and Linn Streets. 3. Norton noted the Downtown business meeting on economic issues was poorly attended. 4. Norton noted his appreciation to the Forestry and Streets Divisions for their tree limb removal efforts after the last snow storm. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 10, 1997 WSl11097 Council Work Session November 10, 1997 Page 4 5. In response to Norton, City Manager Atkins stated he would like to schedule CIP council discussions in October or November. (Agenda #2d(2)CONSTRUCTION OF THE CAPTAIN IRISH PARKWAY PHASE I & (3) CONSTRUCTION OF THE WATER FACILITY IMPROVEMENTS). In response to Kubby, Atkins stated the agenda item is to set the public hearing. Kubby noted the Riverfront and Natural Areas Commission meeting minutes outlined plans to mound dirt to hide the recycling unit at Sturgis Ferry Park area. Kubby said the recycle area should be cleaned up, not hidden. Staff will follow-up. (Agenda #2g.(2)- Rory Fisher - snow removal). Kubby requested that staff prepare a summary of the City's snow plow policy for Council Members and respond to correspondence. 9. Kubby stated the City received a letter from someone about traffic signalization problems on Gilbert, Bowery and Prentiss. Atkins stated he will follow up. 10. Kubby said she spoke with Isaac Burns regarding ramp storage and skateboarding over the winter, and encouraged them to put ramps away. 11. In response to Thornberry, Lehman stated the crews are installing the holiday lights in the downtown area. 12. Vanderhoef requested that "Safe Place" information be on InfoVisision. Staff will follow-up. 13. Vanderhoef stated city staff did a good job handling the landfill leachate leak. 14. Vanderhoef stated she was real pleased that dirt is off of the Cliff's Apartments area. 15. Baker stated he asked Atkins to obtain a copy of the Glendale, Arizona ordinance on Citizen's Participation. 16. Norton inquired about cars parking at Rocky Shore and Highway 6 and suggested the corner be used for public art. 17. Novick inquired about the wastewater surcharge for B.O.D. per pound. Atkins stated B.O.D. is measured by pound. Vanderhoef recommended reading the list of wastewater charges. 18.(Agenda #6- PROPOSING FEE AND LANGUAGE CHANGES FOR WATER AND WASTEWATER.) Novick raised concerns about the proposed utility discounts. Norton noted a memo from the Finance Director on the matter and no action was on the agenda. This represents only a reasonably accurate transcription of the Iowa City council meeting of November 10, 1997 WSl11097 Council Work Session November 10, 1997 Page 5 19. In response to Vanderhoef, Novick explained wastewater charges are based on the amount of water used. Kubby noted for every 800 c.f. of water used, there is a $2.95 sewer charge. 20. In response to Karr, Council stated the proposed schedule for the remainder of the year was acceptable. Adjourned: 10:30 PM clerk\l 110-ws.doc This represents only a reasonably accurate transcription of the Iowa City council meeting of November 10, 1997 WSl11097 City of Iowa City MEMORANDUM Date: To: From: Re: November 20, 1997 The Honorable Mayor Naomi Novick and Members of the City Council Eleanor Dilkes, City Attorney ~j~:~r ~ Sarah E. Holecek, First Assistant City Attorney Complaint before the Iowa Civil Rights Commission against Iowa City City Council Attached please find a copy of a complaint which has been filed with the Iowa Civil Rights Commission by Ms. Loft Bears against the Iowa City City Council and Mayor Novick. The complaint alleges that the City Council discriminated against Ms. Bears in failing to appoint her to the Housing and Community Development Commission on account of her disability, and also that negative and discriminatory comments regarding her disability were made when the Council was discussing the applicants and making decisions regarding appointments. This office is in the process of investigating the factual and legal issues surrounding the allegations of the complaint. This office will address any questions or inquiries by the press or public concerning the claim on behalf of the City. If you have any questions or concerns, please feel free to contact Sarah Holecek, and we will keep you apprised of any developments concerning this matter. CC: Marian Karr, City Clerk Steve Atkins, City Manager sarah\council\civrtpub.mmo STATE O~ TERRY E. BRANSTAD. GOVERNOR Certified Letter No.: Z237483120 RECEIVED NOV ! ? Jg7 IOWa CIVIL RIGHTS COMMISSION DON GROVE. EXECUTIVE DIRECTOR CITY OF IOWA CITY 410 EAST WASHINGTON IOWA CITY, IA 52240-0000 CITY OF IOWA CITY: November 13, 1997 RE: CP# 34000 LORI BEARS EEOC#261980199 The above-captioned complaint has been filed with the Iowa Civil Rights~ommis~_ion (ICRC) pursuant to Iowa Code Chapter 216. A copy of the complaint is encloseC. The purpose of this letter is to provide legal service upon you as a respondent in this case. If there is an EEOC# printed above, then this case has been cross-filed with the U.S. Equal Employment Opportunity Commission (EEOC). The ICRC has been designated as an agent of the EEOC, and as such, has authority to serve notice of this charge for EEOC. Consider this that notice. Under the "Iowa Civil Rights Act", the ICRC has a legal responsibility to conduct an impartial investigation of the enclosed complaint. We are, therefore, enclosing a questionnaire/document request. Piease respond within 30 days of the date of this letter with complete and thorouqh information so we can expedite the screening of this case for investigation. The questionnaire may not fit the exact circumstances of the case. Please consider the questions as a guide to the kind of information needed. Documentation of your responses is REQUIRED. This includes all documents which support your position, including affidavits. All responses should be on 8 1/2" by 11" paper. PLEASE NOTE: 1'61 Iowa Admin. Code section 3.(2) provides: "Any books, papers, documents, or records of any form which are relevant to the scope of any investigation as defined in the complaint shall be preserved during the pendency of any proceedings by all parties to the proceedings unless the commission specifically orders otherwise." Enclosed is an outline of our complaint process. If you have any questions, please have the CP# available. you. Executive Director 515/281-8084 Questionnaire is sent to the Drimar¥ Respondent only. C 1R/S 36/08- 87 "OUR MISSION I~ TO ELIMINA TE DI~CRIMINA T/ON IN I0 WA." 211 E. MAPLE STREET / 2N~D FLOOR - DES MOINES. IOWa 50309-1858 5!5-281-4121 / 1-800-457-4416 FaX 515.242-5840 httr~://www.state.ia.us/~,overnment /crc IOWA .CIVIL RIGHTS COMMISSION Brief Outline of the Complaint Process When a signed/verified complaint is received, it is reviewed to determine whether it meets the statutory requirements 'of the "Iowa Civil Rights Act," Iowa Code Chapter 216. A complaint must be filed with the Commission within 180 days of the last alleged discriminatory incident. ao If the complaint does not meet the statutory requirements, it is given an NJ or NT#. The complainant, the person who filed the complaint, is notified that the Commission does-not !~ve' jurisdiction and the complaint is closed. "NJ" means not jurisdictional and "NT" means not timely filed. If the complaint meets the statutory requirements, :~'~s ~en a CP# and a copy of the complaint is mailed to the complainant. Another copy is served on the respondent, the person or organization charged in the complaint with a violation of Iowa Code Chapter 216. CP# means complaint number. [~~AII. inquirms about~ the complaint~ e The complainant and the respondent are required to answer a questionnaire and submit relevant documents within 30 days. When the Commission receives both parties' responses to the questionnaires, all of the collected information is reviewed to determine whether further investigation is warranted. RECEIVED NOV ! 7 (Charge of Discrimination under Iowa Code Chapter .216) IMPORTANT: This form is affected by the Privacy Act of 1974. (AGENCY USE ONLY) CHARGE NIJMBER: ['~ Local Agency /t-qv. $qooo ~'~ State Agency Iowa Civil Rights Commission Local Commissiow~ pl 211 East Ma e Street, 2nd Floor Des Moines, Iowa 50309-1858 and - Equal Employment Opportunity Comrr~sion/ NOTE: PLEASE TYPE OR PRINT (In Ink Only) 1. What is your legal name? [.C) ¥'~'~- P~ ['~.~0x.C'._% 2. What'is your street address? ~f~lD '~ Bc)~--/'x~'r'e3d:.~bq prw)~ Ci,: ~Q~ ~1'~ State: ~~(~ ~pCode:_~~0 3. Telephone Number: ~t~ ~~&X~ 4. What is your ~f birth? ~-- [~~ S~: ~ Race: ~ ~ National Odgin(~ces~y): ~ ~1 ~1' ~~ ss~: c/ _ 7 g _ qq ~ I On what BASIS(ES) do you feel you have been discriminated against? (Please check) Physical Disability Creed Sex Pregnancy [-~ Age ~-~ Race . ~ Marital Status ~] National .Origin Color Religion Mental Disa~lit~ Retaliation*~ * Because I filed prior complaint or opposed a discriminatory pracuca~ Please check the AREA in which the discrimination occurred. [-~ Credit ~'~ Employment Education Public Accommodations 2 What is the FULL LEGAL NAME of the business o.r company that discriminated against you? ~.t~ ~Ck. e.,'~;~x~ (.(Z)D,.~LI[. : _ -3v"~. What L%that com, pany's street address? City: ~.~--~)~Ck c~ X~ State: ~%'~ County: 6 D~%~ ~ Telephone Number: 3~ -%~ ~ ~0~b What does.that bu~ness/comoany. do? ~C~IO~ ~Ok6~O~ ~~~h~~~7~~A~a~~~ ~f~~~~~:~p:~t~er ~%~ny, what ~s 10. 11. 12. 13. 14. What is that company's street address? City: State: Telephone Number: Zip Code:~ -- Give approximate total number of full & part-tim~e empJoyees employer locations (VERY IMPORTANT): Have you filed this complaint with any other Federal, State, or Local Anti-Discrimination Agency? Yes If yes, what agency? Month: Day Year If this complaint can be cross-filed with the Equal Employment Opportunity Commission, the Iowa Civil Rights Commission will cross- file, unless you indicate in writing: "don't cross-file." Identify ~.. l~er.spn at the company who discriminated against you? Name: t ,~ ~x[3~'~ Position/Title: If you are claiming harassment, who harassed you? Name: Position/Title: Please fill in the particulars of Be sure to state whv you feel your .complaint below. you were discriminated against. ~m m u~r~+,~ .~E 'V ~-- L~p men+ 1~ VD i ~n %c cr ~s rt~ o n_ ~ wh,'c h 8~'s t'o Os ~-S Gr I rnox pc~, u~),, ,- Signature of Complainant Verification without notary authorized by Iowa Code § 622.1; 28 U.S.C. Intaker Name ]{ ' ..,L~h,. ~/O~ IDP~ Phone: I - Mt-~0 Disability Code § 1746~---u CD ,..73. (direct exxen s L~,n) I certify under penalty of perjury and pursuant to the laws of the State o77'c'LC--~ Iowa and the laws of the United States of America that the preceding charge is true and correct. August 25, 1997 Council Work Session page 56 Appointments 97-115 S2 Atkins/I think you are down to board appointments. Nov/Okay, let's do Housing and Community Development Commission first. We have extra applicants here tonight which I haven't had time to read. Has anyone else read it? Vanderhoef/I would like a minute. Nov/Okay, let's all take a minute. This is somebody who may have worked. Steve, do you know that? Do you know if Angela Calvin is someone who had been an intern in our Plaxming Department? Karr/I know there was an Angela up there but I don't know if it is the same. Nov/There was an Angela, wasn't there? Karr/There was but I am not sure it was the same last name. I don't know. Nov/And I don't know either if it was the same last name. I just don't somebody who has been an employee or an intern up there. Norton/Is that the only one we had for the Housing tonight? Baker/We had at least five, eventually. Nov/We have five, one of which is added tonight. Vanderhoef/This application says recently employed by the city of Tupelo, Mississippi. Nov/Yealx, however this is somebody who is a current graduate student and I believed worked for the city Planning Department for awhile unless that is a different Angela and Marian doesn't know and I don't know. And that is why I am asking questions. .Baker/Do you want to 40 individual appointments? Nov/We need three. Do you want individuals or do you want to say three? Norton/Let's just take a non-block. This represents only a .reasonably accurate transcription of the Iowa City council meeting of August 2S, 1997 WS082597 August 25, 1997 Council Work Session page 57 Baker/Sandy Kuhlman. Norton/Fine. Lehman/Yep. Baker/Jane Mornski. Nov/Okay. like Lori Bears. I would like'to nominate Loft. Vanderhoef/I was thinking Rick House myself in that there are lots of things happening now with the new Housing Director and the money issue of that is really import~nt to me and I tinink Rick would offer that to the committee. Nov/Yeah, I think that financial background is important. Kubby/Although part of the weaknesses of the committee is not having people who in the past have used services that a lot of agencies that come in for money and that is a weak point and Loft Bears is someone of lower income. She is someone with a developmental disability that is very high functioning and will be quite able to make these kinds of decisions and I think would be a really important asset for this committee. jlltll ~Vanderhoef/As I recall, we have in the last year made such an appointment. I can't think of that woman s name. Kubby/She resigned. She was one of the resignations. Vanderhoef./I need to look at that because I don't recall Kubby/And even if there is one, someone who is a recipient or has been in the past in terms of the total, just hav/ng one token person like that, that is not enough. Norton/The person who is there surely is not token if they are. !just wondered if it is a suitable match. Is it a real serious match there in terms of issues. Nov/I think it would be very difficult for her. ~.--. This represents only,a reasonably accurate transcription of the Iowa City counci~n meeting of August 25, 1997 WS082597 August 25, I997 Council Work Session page 58  bby/I disagree. I think Loft has a lot of potential and given the opportunity, she is focused and would do a very good job as a volunteer for the city. Baker/3hte agree on Sandy Kuhlman. / .~. ~. Vanderhoef/And Jane. .Vanderhoef/I would like to suggest Rick./' ehman/I would also. ' '~'ffr~lonon/Who are the other- Do we know who the rest of the Commission.at the moment? ..._.._.._.._.._.._~',Do we have all the names? ! think we ought to take a look at the content. Thomberry/I could agree on Rick also. Karrt Right now? David- Vanderhoef/I think we got four for Rick. Karr/Do you want to hear or do you have four? Thomberry/Let's hear. Kant/David Purdy, Dan Cilek, Gretchen Schmuch, Denim Gatson, Bill Stewart and Kathleen Renquist. Those do not include the three that are being filled now. Baker/There are four votes for Rick House. Nov/Okay, do we have four votes for Sandy Kuhlman and Jane Moraski? Council/.rYes). Housing and Community Development Commission - Sandy Kuhlman Jayne Moraski Rick House This represents ofily a reasonably accurate transcription of the Iowa City council meeting of August 25, 1997 WS082597 CP# 34000 BACKGROUND - FAILURE TO HIRE PLEASE IDENTIFY EACH PERSON WHO HAS PROVIDED INFORMATION WHICH WAS USED TO ANSWER THIS QUESTIONNAIRE, INCLUDING EACH PERSON'S NAME AND RELATIONSIP TO RESPONDENT (FOR EXAMPLE: "OWNER," "ATTORNEY," "EMPLOYEE," "CUSTOMER," ETC.). PLEASE IDENTIFY EACH DOCUMENT OR GROUP OF DOCUMENTS WHICH YOU HAVE CONSULTED IN ORDER TO FORM~ EITHER IN WHOLE OR IN PART, THE ANSWERS TO THIS QUESTIONNAIRE. WHERE APPROPRIATE, YOU MAY REFER TO A GROUP OF DOCUMENTS INSTEAD OF EACH INDIVIDUAL DOCUMENT (FOR EXAMPLE: "EMPLOYEE'S PERSONNEL FILE," "COMPANY'S AFFIRMATIVE ACTION DATA," COMPANY'S ANTI-HARASSMENT POLICY," "EMPLOYEE HANDBOOK," ETC.). 1. What is the full legal name of Respondent? 2. Identify the Respondent owner(s) by name, disability, and address. Is Respondent incorporated? Under what law is Respondent incorporated? How many locations has Respondent? and address. Identify each location by name In AUGUST 1997, how many persons worked for Respondent? In that number, include all part-time and full-time regular employees. 6. In AUGUST 1997, how many disabled persons worked for Respondent? In AUGUST 1997, how many persons worked for Respondent at each Respondent location, by location? In AUGUST 1997, how many disabled persons worked for Respondent at each Respondent location, by location? What is Respondent's business? Describe Respondent's service or product. 10. In AUGUST 1997, how was Respondent organized? Did Respondent have divisions or departments or work units? Describe Respondent's organization. 11. For each division or department or work unit in Respondent's organization, describe the work performed. 12. If there are two or more Respondents named in the complaint, how is each Respondent related to the other(s)? 13. If this case is screened in to be investigated, would you be interested in participating in mediation? (Mediation is a voluntary, no fault settlement process) 14. What steps did Complainant take to apply for a position at Respondent? 1 15. Be 16. 17. 18. 19. 20. 23. 24. 25. 26. 27. When did Complainant do each of those steps? On what dates? specific. How did Complainant find out that a position at Respondent was available? If that position was advertised or posted somewhere, send a copy of the advertisement or posting. What did the advertisement or posting say? Be specific. If someone just told Complainant about the position, who was that person? What is that person's name? Was that person employed by Respondent? If so, in what position? What position did Complainant apply for? called? What was that position What were the job duties of the position? List each duty. In AUGUST 1997, what was Respondent's hiring procedure? List each step in the application and hiring process. Also identify all Respondent's persons involved in that process. Describe each of those persons' responsibilities in that process. Send copies of any papers or documents which refer to that position or to Respondent's hiring procedure? What were the educationrequirements for the position? schooling was required? How much List each school that Complainant attended. Begin with high school and go up' List each school by name, address, and dates attended (from when to when). List each certificate, diploma, or degree .that Complainant earned in school. What were the work experience requirements for the position? What kind of work and how much work was required? 28. List all the places where Complainant had worked. by employer name (company name), address of company, dates of employment (from when to when), position or positions t_hat ~ Complainant held, and reasons for leaving. Be specifi_d~.'~. ~ 29. Were there any other qualifications or requirements fore'he position? If so, what were they? 30. Was Complainant qualified for the position? specific. 31. Who was hired by Respondent for the position? name and disability? 32. List each place What is that person's When was that person hired? On what date? 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. Who made the decision to hire that person? What is that decision-maker's name, position, and disability? When did Complainant find out that Complainant was not the person selected? On what date? How did Complainant find out that Complainant was not the person selected? Who told Complainant? Respondent? What is that person's name and position at What were the reasons given by Respondent for selecting someone other than Complainant for the position? Send copies of all papers, letters, and records sent by Complainant and preferred applicant to Respondent or sent by Respondent to Complainant which refer to this position or Complainant's application. Be sure to send a copy of Complainant's application as well as a copy of the preferred applicant's application. Compare Complainant's qualifications with the qualifications of the preferred applicant(s). How much education did the person or persons selected have? education did each have? What What was the work experience of the person or persons selected? Where had each worked? Who made the decision not to select Complainant? person's name, position, and disability? What is that In AUGUST 1997, how many persons worked in the position that Complainant applied for? In AUGUST 1997, how many disabled persons worked in the__posi~ion that Complainant applied for? In the period, one year before AUGUST 1997 to date, li~.._all-p .e~ons hired in that position by (1) name, (2) date of hire, disability. DISABILITY - FAILURE TO HIRE In the period, one year before AUGUST 1997 to date, did Complainant have a health condition or disability? If so, describe it. How did that health condition or disability affect Complainant physically or mentally? What physical or mental things did that condition or disability prevent or limit Complainant from doing? specific. List each thing. Be 3 What date did Complainant first experience .that condition or disability? 4. What date did that condition or disability go away? What doctor(s) did Complainant see about that condition or disability? What are their names, addresses, and telephone numbers? What date(s) did Complainant see the doctor(s) about that condition or disability? 7. What did the doctor(s) say about that condition or disability? Send copies of all records in Respondent's possession which refer to that condition or disability. Did any doctor ever limit Complainant's Dhvsical activities because of that condition or disability? 10. If a doctor did limit Complainant's physical activities, what physical activities were limited? Be specific. List them. 11. 12. 13. 14. If a doctor did limit Complainant's physical activities, who was that doctor? What date did the doctor limit Complainant's activities? What dates were the activities limited? From when to when? Did any doctor ever limit Complainant's emplovment ac ,~.'~_~t'~ ~ because of that condition or disability? ~ If a doctor did limit Complainant's employment activities, ~ha~- employment activities were limited? Be specific. Li~:the_~. ~"]- Did Respondent supervisory or management persons see ~pl~na~t as having a worse condition or disability than that indicatedcTby Complainant? What are those persons' names and positions? 15. What did each of those persons see Complainant as having? each think Complainant's condition or disability was? What did 16. Would Complainant's condition or disability keep him/her from fully performing the position duties? What job duties would Complainant not be able to perform? 17. In a normal work day in the period one year before to date how much of the day would be spent by Complainant doing that job duty or those job duties? For example, if Complainant worked 8 hours per day, how many minutes or hours per day would be spent by Complainant doing that job duty or those job duties? 18. Would it have been possible, in the period one year before to date, for someone else to do that job duty or those job duties? How would it have been possible? What did Respondent have to do to make it possible? Be specific. 19. For Respondent to assign that job duty or those job duties to someone else, what would have been the cost to Respondent? How much 4 City of Iowa City MEMORANDUM Date: November 20, 1997 To: City Council From: Jeff Davidson, Asst. Director, Dept. of Planning & Community Development Re: Conversion of downtown parallel parking areas to angle parking At your direction, we have recently completed the conversion of downtown parallel parking areas to angle parking. This was done on two blocks of Linn Street and one block of College Street, and resulted in a gain of 15 parking spaces. The modification of these three blocks has resulted in a wide range of comments and considerable media coverage. The comments I have received range from "It's wonderful; convert as many blocks as you can," to "It's terrible; put it back the way it was." I would like to clarify a couple of the most frequently received comments: Travel lanes are too narrow. As we stated to you many times during our discussions, the conversion to angle parking tightened up an area which was already tight with respect to the movement of pedestrians, bicyclists, and motor vehicles. The three converted blocks function somewhat like parking lots, and require motorists and bicyclists to slow down and be especially cautious. This is the trade-off for increasing the number of parking spaces. Because traffic moves so slowly in these tightened up conditions, the safety hazard is minimized. Motor vehicles cannot maneuver around the asphalt islands. I would add to this statement "as fast as they used to." When we undertook this project we were concerned because we were introducing an unfamiliar element to the downtown motorist: angle parking on two-streets. We hired a landscape architect to lay out the angle parking areas in a design as similar as possible to the existing angle parking areas on Washington Street and Iowa Avenue. This required construction of the temporary asphalt islands. The islands also serve to indicate to a motorist that they are entering a block that is different from the adjacent block. Combined with the narrower travel aisles, a motorist instinctively slows down. A motorist exiting an alley may need to cautiously encroach into the opposing traffic lane to complete their turn. At the travel speeds that now occur in these blocks, this can be done safely. We may find in the spring that the corner radii on some of our asphalt islands have been "adjusted" by large trucks. These corner radii can be permanently modified if you decide to make to the angle parking areas permanent. However, adjustments to corner radii should be done cautiously so that there is not a significant increase in vehicle speeds. The asphalt islands are ugly. We attempted to get the angle parking areas installed before winter, which required construction of the temporary asphalt islands. These are temporary in that they can be easily removed and the blocks can be converted back to parallel parking should you wish to reconsider your decision. If you wish to make the angle parking areas permanent, we can reconstruct the islands in a more aesthetically pleasing fashion as part of the overall downtown streetscape plan. The temporary asphalt islands will not look quite so garish once the asphalt turns gray and the pavement markings fade. I am keeping a file of comments received regarding the blocks converted to angle parking so feel free to forward any you receive to me. We will report back to you at the end of next summer on how the angle parking areas have performed, and see if you wish to make them permanent. Contact me if you have any questions regarding this matter. cc: Steve Atkins Karin Franklin Eleanor Dilkes Chuck Schmadeke Joe Fowler Rick Fosse Doug Ripley David Schoon jccogtp~nem~nglepk2.doc November 19, 1997 Mrs. Kathryn Keeley 301 Woodside Dr. Iowa City, IA 52246 CITY OF I0 WA CITY Dear Mrs. Keeley: Thank you for your letter of concern regarding the pedestrian signal at the intersection of Melrose Avenue and Melrose Court. This pedestrian signal was designed and installed as a result of a negotiated process between the City of Iowa City and the Melrose Neighborhood Association to provide safe accommodation of pedestrians at this location without providing controlled vehicular access to Melrose Court. We are currently monitoring the intersection very closely to ensure it is working correctly and is being understood. Providing a fully signalized intersection and a green light for Melrose Court traffic would increase traffic volume on Melrose Court, which is only 18 feet wide. One of the objectives of the current pedestrian signal is to discourage cut-through traffic on Melrose Court. Increasing traffic volume on Melrose Court was a significant concern of the Neighborhood Association during the Melrose Avenue reconstruction project. I agree that this pedestrian signal is not ideal, however, it does accomplish its purpose and we are working to make the understanding of it more apparent. If you have any questions or would like additional information, please contact me at 356-5254. Sincerely, Doug Ripley JCCOG Traffic Engineering Planner CC: Denny Gannon, Assistant City Engineer Jeff Davidson, Assistant Director, Planning & Community Development City Manager City Council Im\ltr~drl 1-17.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA 52240-1826 · (319) 3:56-5000 · FAX (31 November 14, 1997 Mr. Doug Ripley Iowa City Civic Center Iowa City, Iowa Dear Mr. Ripley: I was so pleased to see the traffic lights at the intersection of Melrose Avenue and Melrose Court. I thought this would be a great help in turning onto Melrose Avenue from Melrose Court. Not only did it not help, it is worsel When pedestrians walk across Melrose, the cars have to stop on Melrose Court. That's fine to let the people ~cross the street. But when the light is blinking, supposedly to let the cars go onto Melrose Avenue from M~lsose Court, the traffic is lined up so far both ways on Melrose Avenue that one cannot get out into Melrose Avenue. My aaughter goes across the street (Melrose Avenue) all the time to get to the hospital and she reports that cars are running the red lights so they can turn. This is dangerous and someday, someone is going to get run over. All that is necessary to alleviate this bottleneck is to have a ~reen light on just for a few seconds to let cars turning onto Melrose Avenue the chance to do so. Melrose Court is a public street and we pay taxes to have the right to use this street. One should not have to be inconvenienced to go way out their way to get to their destination. Thank you for your consideration in this matter. Sincerely, 301 Woodside Drive Iowa City, Iowa 52246 TO: FROM: DATE: RE: CITY OF IOWA CITY PARKS AND RECREATION DEPARTMENT MEMORANDUM City Council Parks and Recreation Direct~~ November 19, 1997 //..-~/-~ Cemetery Expansion ~ %._ As a result of our discussion at your November 17th work session, it is my understanding that we are to proceed as follows with regard to cemetery expansion: A). We are to continue working with the consultant on a plan which will expand Oakland Cemetery by approximately 10 acres into the 40-acre Gaulocher parcel, currently being utilized as part of Hickory Hill Park. B). We are to begin discussions with the Gaulocher heirs to hopefully gain their support for dedicating the remaining 30 acres(i) as parkland. In proceeding with these plans we will attempt to design in the least obtrusive manner, and to the extent possible, suggest a phased approach in development. When we have more detailed design alternatives and cost estimates, we will present them for your review and comment. I am certain the cost estimates will encompass a wide range, depending on the final design plan selected. This likely will impact our Capital Improvement Program which currently has $250,000 budgeted for this project. Lisa Handsaker From: Joe Fowler Sent: Friday, November 21, 1997 8:52 AM To: *City Manager's Office Subject: shuttle Forgotto tell you - Wednesday had 108 riders on one trip - 8:00 southside. Page 1 1700 Country Club Road CorEville, IA 52241 November 17, 1997 MR. JACK RIESSEN IOWA DNR WALLACE STATE OFFICE BLDG 900 E GRAND AVE DES MOINES La, 50319 Re: Scott-Six Industrial Park, Iowa City, IA Dear Mr. Riessen: The undersigned are the owners and proprietors of a tract of approximately 140 acres recently annexed to the City of Iowa City and which we wish to develop into a commercial and industrial park. We have formed a public-private partnership with the City of Iowa City and have worked long and hard in conjunction with the City to bring this [ievelopment to fruition. We feel that this will be of considerable importance in strengthening the economy of our area. The State of Iowa has made a significant investment in the infrastructure serving this area, with the closest route to Interstate 80 having been constructed several years ago with RISE Funding. The only matter which is standing in the way of the filing of the platting documents in connection with this subdivision is the approval by the DNR of a Stream Relocation Plan submitted six months ago, on May 15, 1997. Because all other impediments to the completion of this development have been overcome, we would respectfully request expedited review of this plan so that the platting of the Industrial Park might be completed and public improvements installed. One lot in the Industrial Park has already been sold pending this approval, and there is considerable interest in many of the other lots. As you are aware from a letter from the City of Iowa City dated October 14, 1997, the lack of approval for this plan is also causing difficulty to the City of Iowa City in connection with a sewer construction project through a portion of this property. It would be of great benefit to both the City of Iowa City and ourselves, and would also assist in strengthening the economy of this area, if expedited consideration of this plan could be given. Mr. Jack Piessen November 17, 1997 Page 2 Thank you very much for your courtesy and cooperation. Very truly yours, ~'. F. Streb Mar~J o~n ~t;eb CC: Honorable Terry E. Branstad Honorable Naomi J. Novick November 20, 1997 Joseph B. Pugh, Jr. Vice President and Treasurer ACT 2201 North Dodge Street P.O. Box 168 Iowa City, IA 52243-0168 CITY OF I0 WA CITY Re: Agreement between the City of Iowa City and ACT Inc. on the extension of First Avenue and Captain Irish Parkway; ACT correspondence of October 14 and 15, 1997 Dear Joe: I have discussed with Chuck Schmadeke and Jeff Davidson the correspondence recently received by the City: Tom Gelman's letter of October 14 to Jeff Davidson on the ACT-City agreement, and your letter of October 15 to Chuck Schmadeke rejecting our offer of financial compensation due to adjustment of the alignment of the proposed street extensions. I believe there exist some very profound differences between ACT and the City concerning this issue, which would be best discussed in a face-to-face meeting at your convenience. The construction of the area street improvements have been confirmed by Council as a result of the November 4 ballot initiative. Those improvements are identified as follows: 1. Construct 12" waterline from Dodge Street along Captain Irish Parkway to a point east of the proposed ACT driveway intersection. 2. Construct 24" waterline from Dodge Street along Captain Irish Parkway to a point east of the proposed ACT driveway intersection. 3. Construct geometric changes and install signal Dodge and Parkway intersection. 4. Grade for streets from Dodge to a point east of the ACT driveway intersection necessary to provide sufficient fill dirt. 5. Construct Captain Irish Parkway, east to a point just beyond proposed ACT driveway. 6. Conclude agreements with ACT concerning driveway access. 7. Initiate planning process in accordance with memorandum of November 6 by Planning Director. I believe these projects are of significant importance to ACT, and that the issue of excessive financial compensation by the City to ACT could potentially jeopardize these projects and thereby the overall planning for the area. I will attempt to explain our position on each of the numbered points in your letter. 410 EAST WASHINGTON STREET · IOWA CITY. IOWA $2240-1526 · (319) 3~6-5000 * FAX (319) 3~6-~009 First Ave./Capt. Irish Pkwy. Extension November 20, 1997 Page 2 We consider the financial impact to the City of the proposed street construction to be directly related to previous beneficial actions by the City and these actions have accrued to ACT. Those beneficial actions have included the vacation and disposition of Dubuque Road and the modification of the alignment of the road now known as Captain Irish Parkway, from an alignment through the ACT campus to an alignment around the ACT campus. These actions were taken at ACT's request and pre-date the 1992 agreements and enable ACT to complete your recent circular driveway project which we understand will accommodate the future growth of ACT. We believe our work has helped support that agreement. We consider the impact of the additional 25 feet of right-of-way for First Avenue to be of nominal consequence to ACT given the increase in value to ACT's property once the First Avenue, Captain Irish Parkway and future Scott Boulevard extensions are completed. The right-of-way is now necessary for water line extensions and could possibly serve as the route of First Avenue extended, depending on the outcome of the area planning effort. The new street alignments as directed by the City Council have been developed with careful consideration given to the future development potential of ACT's property. We believe several excellent building sites result from the proposed street extensions through your property. Rather than compromising your ability to develop, we see this as enabling the development of property you own which currently cannot be developed because of the lack of street access. 4-5, These paragraphs are where I believe our most significant differences are apparent. The alignment of First Avenue and the street now known as Captain Irish Parkway which is shown in the December 15, 1992 agreement between ACT and the City, was developed specifically because of ACT's need to modify the previously agreed to alignment which went through ACT's campus. The alignment shown in the 1992 agreement was obviously intended to be further refined and modified given the language contained in the agreement. I cannot accept the contention that ACT assumed this alignment would not be modified, given the impact the 1992 alignment has on the Gatens and Larson residences. Based on such a position, we would have been forever locked into a street alignment, such as the one that went through ACT. As suggested in Chuck's correspondence to you, the City accepts some responsibility to compensate ACT for the modification of the public street alignment and consequent added expense to ACT to construct a longer entrance driveway. The $175,000 offered to you represents an approximation of what the Director of Public Works believes to be our cost savings in constructing First Avenue at a shorter length. I cannot recommend to the City Council that the City pay ACT $316,500. I will be candid in that I also believe the $175,000 is a very generous offer and I will support the decision of the Director. However, I believe the circumstances are such that this offer exceeds any obligation the City might have under our agreements. Finally, your contention that "a material reason for the road alignment modifications was to reduce the City's construction costs" is baffling. Although we would certainly like to reduce our construction costs, you are fully aware that the road alignment which has been designed primarily to private property impacts. Although the more recent discussions have been on the impact to the Press-Citizen, Gatens, Larson, and Hamdorf properties, I would remind you once First Ave./Capt. Idsh Pkwy. Extension November 20, 1997 Page 3 again that the odginal modification from an alignment through the ACT campus to one around the ACT campus was initiated by ACT and agreed to by the City on behalf of ACT. We have an estimated $4 million in projects which will be of significant consequence to the value of your property as well as provide new, convenient employee/customer access to your property now and in the future. I suggest we get together at your earliest convenience to discuss this matter. In addition to myself, I would like Chuck Schmadeke, Jeff Davidson, and Sarah Holecek present for the City. Sincerely, Stephen J. Atkins City Manager cc: City Council Chuck Schmadeke Jeff Davidson Sarah Holecek Karin Franklin Tom Gelman mgr/ltr/act.doc October 15, 1997 Informcfiion for Ufe's Transitions Mr. Chuck Schmadeke Director of Public Works City of Iowa City 410 Fast Washington Street Iowa City, IA 52240-1826 Dear Chuck: This is in response to your letter of October 8 stipulating a counter offer of $175,000 for ACT property to be conveyed to the City for right-of-way needed for the construction of First Avenue and Captain Irish Parkway. The amount the City pays ACT for the First Avenue and Captain Irish Parkway right-of-way must be viewed in the context of the December 15, 1992 Agreement between the City and ACT. In that regard, we believe the following points pertain: Except for the financial impact of the City's desire to change the alignment of the roads it will build through ACT's property, consideration has already been exchanged between the parties. Therefore, the improvement of the street system, the traffic signalization at Old Dubuque Road and North Dodge Street, and the closing of Old Dubuque Road have already been addressed and are of no relevance to the current discussions. 2. ACT agreed to dedicate 60 feet of right-of-way for First Avenue. We have now agreed to increase that to 85 feet. The revised alignment for the Captain Irish Parkway has compromised ACT development and use of its property on both sides of the road from ACT' s West to East property line. The change in alignment of the Captain Irish Parkway has also signdicanfiy increased ACT's cost to connect its south exit drive to First Avenue. We have used the amount of this increased cost ($316,500) to not only make us whole on the connection project, but to also value the damages outlined in points 2 and 3 above as well. I have enclosed a side-by-side comparison of the cost of the alternate B connection and the cost based on ACT's original plan. Please note that both estimates use the same unit cost to arrive at the difference. Therefore, the actual cost of constructing the connection is not an issue because it will only raise or lower both estimates by the same amount. 2201 North Dodge Street P,O. Box 168 Iowa City, Iowa 52243-0168 (319) 337-t000 Mr. Chuck Schmadeke October 15, 1997 Page 2 ACT has expended considerable sums during the past year for additional engineering occasioned by the study of proposed City changes of right-of-way alignment. These expenses were not anticipated by ACT. We understand that a material reason for the road alignment modifications was to reduce the City's construction costs. Unfortunately, this objective has resulted in an increase in ACT's costs. For these reasons, ACT rejects the City's counter offer of $175,000. We axe willing to proceed on the basis of our earlier discussion. In that connection, Tom Gelman is sending a letter to Jeff Davidson outlining f'mal changes to the Agreement based on the new alignments. Other than this payment issue, I don't believe there should be any remaining obstacles, but I will reserve judgement until we know the City's reaction to Tom's letter. Thank you for helping us work through the issues related to the First Amendment to the 1992 City/ACT Agreement. We look forward to hearing from the City soon. Sincerely, Vice President & Treasurer Enclosure CC.' Steve Atkins, City Manager Jeff Davidson, JCCOG Tom Gelman ACT ROADWAY OPTION B VS. ORIGINAL ALIGNMENT October 14~ 1~97 Project: Desc~ption: Length: ITEM 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ACT Roadway Option B Fudhest West (,1- 9' Cul ~ Inlemeclion) 580" DESCRIPTION ESTIMATED QUANTITY Project: Descdplion: Length: ACT Roadway Original Option Shotteal, Straighl Option 341' ORIGINAl. ALIGNMENT UNIT 8" PCC Pavemenl 1,870 1,100 SY 6" PCC Sidewatk 780 455 SY 6" Rock Subbase 2.065 1,215 $Y Subdrain, Longitudinal, 4' 580 345 LF Ught Poles wilh Luminaries and Base 8 5 EACH CoRdult. Rigid Steel, 2" 630 390 LF Electrical Conductor 2,800 1,730 LF Handhole, RM-17 8 8 EACH Trees 82 56 EACH Irrigation 1 I LS 18' Storm Sewer Pipe 190 NIA LF 36" Slonn Sewer Pipe 860 860 LF 3~" Apron I I EACH Excavation, CL 10, Rdwy + Benow 58,515 12,055 CY Topsoil, Sldp, Salvage + Spread 12,585 2,835 CY Sodding 464 275 SQ Mobilization 1 I LS Construction Sunmy I I LS Sierra Intake. RA-5 4 2 EACH Slorm Manhole. RA-29 2 2 EACH Warmmain Extension, 10" 635 390 LF Signage I 1 LS Clear arid Grub 0.8 NIA ACRE Seeding and Fedilizing 0.4 N/A ACRE Sill Fence 800 NIA LF Revelmerit, Class E, Riprap 5 5 TON Subtotal Contingency (10%) Design/Administration Costs (15%) UNLIT EXTEN~D ORIGINAL COST COST ALIGNMENT DIFFERENCE 30 $56,100 $33,000 $23.100 32 $24,960 $14,560 $10,400 5 $10,325 $6,075 $4,250 6 $3,480 $2,070 $1,410 3,000 $24,000 $15,000 $9,000 9 $5,670 $3.510 $2,160 I $2,800 $1,730 $1.070 400 $3,200 $3,200 275 $22,550 $15,400 $7,150 PLAN $28,000 $16.500 $11.500 35 $6,650 $0 $6.650 65 $55,900 $55,000 500 $5O0 $500 $0 2.5 $141,288 $30,138 $111,150 3.5 $44,048 $9,923 $34,125 55 $25,520 $15,125 $10,395 PLAN $10,000 $10,000 $0 PLAN $6,00D $4,000 $2.000 2.700 $10.800 $5.400 $5.400 2,100 $4,200 $4.200 $0 27 $17,145 $10,530 $6,615 PLAN $10.000 $10.000 5.000 $4.000 $0 $4.000 1.0oo $400 $0 $400 3 $2,400 $0 $2,400 30 .~..5__.Q ~ $520,085 52,015 $266,910 26,690 $333,~00 $253,175 25325 &3t6,500 196514-0 t~ or CITY COUNCIL INFORMATION PACKET November 26, 1997 IP1 IP2 IP3 IP4 IP5 IP6 IP7 IP8 IP9' IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 DECEMBER 1 WORK SESSION Memorandum from Mayor: Sales Tax Local Option Sales Tax "The Most Frequently Asked Questions and Answers" Memorandum from JCCOG Solid Waste Management Planner: Recycling in Multi- Family Buildings Memorandum from JCCOG Solid Waste Management Planner: Garbage Collection and Recycling in the Downtown Central Business District Memorandum from City Manager: Iowa City Water Facility. Site Plan MISCELLANEOUS ITEMS Memorandum from City Manager: Pending Development Issues Memorandum from City Manager: Receipt of Gifts Memorandum from City Clerk: Board and Commission By-Laws on Conflict-of-Interest Memorandum from City Clerk: City Hall Day, November 11, 1997 Telecommunications Public Policy Update I q 77 Letter from George DeMello (U of l Professor)to TCI of Eastern Iowa: UNIVISION /~/ Memorandum from Cable TV Administrator: National League of Cities Conference. Telecommunications Related Issues Memorandum from Housing & Inspection Services Director: Public Housing Management Assessment Program (PHMAP) Notification of Scoring Results Commission Memorandum from Associate Planner Kugler: Historic Preservation Annual Planning Session Report Agenda: Council on Disability Rights and Education December 2 Agendas: November 25 Johnson County Board of Supervisors Meetings Article: Cities are Fostering the Arts as a Way to Save Downtowns [Norton] Agenda for the 12/9/97 Council Worksession. Agenda for 12/2/97 Bd. of Supervisors. City of Iowa City MEMORANDUM Date: November 26, 1997 To: From: Re: City Council Naomi Novick, Mayor ~.~-~/'~.~'~ Sales Tax The issue of Local Option Sales Tax is on the December I work session agenda. Please read the Iowa Department of Revenue information enclosed. Some options to discuss: (not in order of priority) 1. Sunset Clause -- 5 years, 10 years, or none. 2. Do we want to involve the public in the discussion of what to put on the ballot? We know there are people who would not vote to tax themselves for any purpose. However, we can hold neighborhood meetings to discuss options and perhaps find an agreeable use to put on the ballot. 3. What are local needs that won't be met under our current revenues? What are nice improvements to make? 4. What are potential uses that involve regional cooperation? Perhaps a county transit system or county library? Do we want to include schools? County-wide or just the cities in the local school district? Do we want to coordinate a ballot date with Cedar Rapids? They are planning a special election in the spring. The option can be on the general election ballot in November, 1998, also. 7. Do we want to include operations funding or just capital projects? o Here is the list of possible sales tax uses suggested by City Council Members in October. Property tax relief must be on the ballot. Council Members listed 0% -- 50% of sales tax revenue. Zero is a valid option. Water rates were listed by five Council Members in a range of 15% -- 50% of revenue. Please note that the University has its own water system. Also, we have low-income discounts. Sewer rates were listed by three people and ranged 15% -- 25%. The University does use the City wastewater system. 2 Public safety was listed by five Council Members and ranged 10% -- 20% of revenue. "Housing and Human Services" and "Library and Cultural Center" were each listed by three members in a range of 10% -- 30%. "Community Enhancement" (betterment) was listed by six Council Members in a range of 10% -- 50% of revenue. Ideas for uses in this general category were library, culture, streetscape, parks, Senior Center, downtown maintenance, art, transit, and parking. The City of Ames includes housing and human services in this category and uses 60% of revenue for various community betterment projects. The funded projects may not be the same each year, but each budget includes some of them. Im~nem~nn 11-24.doc Local O',,ti0n Sales Tax "The Most Frequently Asked Questions and Answers" OP",O' SLES"t County Code o o o o o o o o o o o o o o o o o o Rate Taxable o o o o o o . o o o o Iowa Depa~i~ent of Revenue and Finance CONTENTS VOTING: IMPOSITION, REPEAL AND RATE CHANGE ............................................ 1 REVENUE ESTIMATES ...............................3 DISTRIBUTION OF LOCAL OPTION TAX FUNDS ..................................................3 PUBLIC RELATIONS ....................................5 RELATED COSTS ..........................................5 NONCOMPLIANCE ........................................5 APPLYING THE LOCAL OPTION SALES TAX .....................................................5 CONTACTING THE DEPARTMENT ...............9 VOTING: IMPOSITION, REPEAL AND RATE CHANGE The Secretary of State administers local option election procedures. Questions should be addressed to the Secretary of State for confirmation; you may telephone (515) 281- 5823. How is a local option sales tax imposed? A majority of votes at an election must approve the local option sales tax. How does the issue of local option sales tax get on the ballot? There are two ways: · A petition is presented to the county board of supervisors. It must be signed by eligible voters of the whole county. The number of signatures must be equal to S percent of the persons in the county who voted in the preceding state general · election. · A motion is adopted by a county board of supervisors for an unincorporated area or by a city council. The governing body must represent at least half of the population of the county. When can a vote on local option tax be held? The local option tax can be voted on at either a general election or at a special election. The special election can be held at any time other than at a city regular election. The vote cannot be held sooner than 60 days after the notice of the ballot proposition is published in the newspaper. The question of repeal of the tax or of a rate change can also be voted upon at a general or special election. Is the election countywide? The election is countywide, but the tax only applies in the incorporated areas (city) and the unincorporated area of the county where a majority vote in favor of the local option tax. What happens when cities are contiguous to each other? All titles contiguous to each other are treated as one large incorporated area. The tax can only be imposed if the majority of those voting in the total contiguous area approve the tax. When are two geographical areas contiguous? They are contiguous when their boundaries are in actual contact or touching. Burd v. Board of Education of Audubon County,'167 N.W. 2nd 174 1969); City of Walker, et al v. Oxley, et al. If there is a question whether two geographic areas are contiguous, will resolve the issue? The issue must be resolved by the county board of supervisors. What must the ballot proposition specify? The ballot must specify: · the type of tax · the tax rate (not more than 1 percent) * the date it will be imposed · the approximate amount of local option tax revenue that will be used for property tax relief, if any · the specific purpose(s) for which local option tax revenues will be spent if for purposes other than property tax relief · a sunset clause for termination of the tax (optional) Sample ballots are available from the Iowa Secretary of State. A copy can also be found in Chapter 721 of the Iowa Administrative Code § 21.3. Who needs to be notified of election results? Pate change: Within 10 days after the election, the county must give written notice to the Department of Revenue and Finance of the results. Imposition or repeal: A separate notice must be sent to the Department of Revenue and Finance by certified mail at least 40 days prior to the imposition or repeal date. Imposition: The county board of supervisors must pass an ordinance and ~e a certified copy with the Depa~ ~,ent of Revenue and Finance. If local option is approved by the voters, but a county does not pass the local ordinance as required by law, what happens? The tax will still be imposed. Passing the ordinance is mandatory. The Linn County District Court in City of Walker, et al rs. Oxley, et al, EQ 9.310, June 4,1986. How long does a local option sales tax remain in effect once it is imposed? The tax remains in effect for an urnlimited period or until it is repealed unless a "sunset clause" is part of the ordinance. It must remain in effect for at least one year. Can a local option sales tax be repealed? Yes. To repeal the tax, an election may be called and held in the same manner and under the same conditions as the election which approved the tax. This election is countywide. The county board of supervisors can, upon its own motion, repeal the local option tax in any unincorporated area of the county where the tax is imposed. For any municipality, the county board of supervisors must, upon receipt of a motion of the governing body of the municipality, repeal the local option tax within that municipality. The tax can be repealed within a municipality which is contiguous to other municipalities. Local option sales and service tax cannot be repealed by election before the tax has been in effect for one year. Can the rate of tax be increased or decreased? Yes. The criteria for placing the proposition on the ballot are the same as previously explained. However, only qualified voters of the area of the county where the tax has been imposed can vote. The rate cannot exceed 1 percent. What are the dates that the tax can be imposed, changed, or repealed? A local option sales tax can only be imposed beginning January 1, April 1, July 1, or October 1, after notifying the Department of Revenue and Finance 40 days in advance. Repeal of a local option sales tax can only occur on March 31, June 30, September 30, or December 31, after notifying the Department of Revenue and Finance 40 days in advance. What if a tax has been imposed in a portion of a county and now another incorporated or unincorporated area of the county wants to vote on the tax? The criteria for placing the proposition on the ballot are the same as previously explained. However, only qualified voters of the area of the county where the tax has not been imposed can vote. 2 REVENUE ESTIMATES How can a locality estimate what mount of local option sales tax it might receive? The Depa, ~,ent of Revenue and Finance is able to provide an estimate based on general state sales tax data. Since the local option sales tax and the state sales tax are imposed differently based on each transaction, the data should be adjusted. For example, the local option sales tax is imposed on goods delivered into a locality. State sales tax statistics are kept on the basis of sales made by merchants within a locality. Local option sales tax is not imposed on room rental subject to local option hotel and motel tax or on the sale of natural gas or electric energy in a city where these receipts are subject to a users fee or a franchise fee, to mention just a few differences. If a locality has made its own estimates, will the Department of Revenue and Finance review them? · - Yes. Oftentimes local officials are better economic predictors, because they are familiar with the occupation, purchasing and spending patterns in a locality. The Department will review the logic and the variables considered in compiling the estimate. Can a locality obtain information about sales tax payments made by specific retail establishments? Yes. The Department may enter into a written agreement for tax administration purposes with a city or county entitled to receive local hotel and motel tax or a local sales and services tax funds. The agreement allows no more than two paid city or county employees to have access to actual return information. This information cannot be shared with anyone else due to confidentiality requirements. DISTRIBUTION OF LOCAL OPTION TAX FUNDS How soon after a local option sales tax is imposed will a locality get its money? Within 15 days of the beginning of each fiscal year, a written estimate of the amount of tax money that the city or county will receive for that year and for each month of the year will be sent to localities. Estimates may be reviewed at the end of each quarter of the year. Ninety-five percent of estimated tax receipts will be paid to a city or county monthly. Cities and counties, for instance, will receive the estimated tax for July by August 31. A final payment of any remaining tax due to a city or county for the fiscal year will be made before the due date for the first payment of the next fiscal year. H an overpayment to a city or county exists for a previous fiscal year, the first and/or second payment of the subsequent fiscal year will be adjusted to deduct the overpayment. Will a jurisdiction receive the actual amount of tax collected by merchants in the locality? No. The local option tax collected within a county is placed in a special distribution fund. The fund is distributed on the basis of population and property tax levies. Who will receive the distribution check? The check will be made out to the city or county that imposed the tax. Is it possible for a jurisdiction without the tax to receive a distribution of local option tax money? No. Only the jurisdictions in which the tax is imposed can participate in the distribution. 3 How does the distribution formula work? Each county's account is distributed on the basis of population (75 percent) and property tax levies (25 percent). The population factor is based on the most recent certified Federal census. The property tax factor is the sum of property tax dollars levied by boards of supervisors or city councils for the three years from July 1, 1982, through June 30, 1985. The property tax data is compiled from city and county tax reports available in the State Department of Management. Only population and property tax levies of the 'jurisdiction imposing the tax are used in figuring percentages. The actual distribution is computed as follows: D= (.75xPxZ) + (.25xVxZ) D = distribution for the taxing jurisdiction · . P = '~isdi~on percentage of the population V = jurisdiction percentage of the property tax levied Z = the total collections for the county in which the jurisdiction is located. Are any adjustments made to the monthly remittance of local option tax prior to distribution? Adjustments are possible. For example, local option taxes can be re/unded to governmental units if imposed on materials associated with construction projects. Erroneous collections can occur which are also subject to refund. Amended sales tax returns will also be filed. Refunds will most likely be identified after distributions for a given tax period have been made; therefore, account adjustments will be necessary. When a local option tax is repealed, the local option tax monies, penalties, or interest received or refunded 180 days after the repeal date is deposited into or withdrawn from the state general fund. What happens to local option f~xes which are collected, but it cannot be determined which county is the origin of the money? The funds will be allocated to the counties which might possibly be entitled to them on a basis of special rules filed by the Department. The rules specify di.~tribution to be made based on population of each county. Examples of an actual'distribution are in 701 Iowa Administrative Code § 107.10. 4 PUBLIC RELATIONS Once local option sales tax is imposed, how are businesses informed? The Department will mail a special notice to a]] merchants located. in a taxing jurisdiction. This mailing will also include a new sales tax table which incorporates the state tax rate and the local option tax rate. In addition, the Depa,[u,ent regularly mails newsletters to all retailers holding a sales tax permit, and the newsletter will contain local option tax notification. Newsletters are distributed to subscribing accounting practitioners, certified public accountants and attorneys, plus many businesses. In addition, the Department issues press releases and responds to media questions. RI::LATI=D COSTS Who pays for reprogramming computers and cash registers for businesses in a jurisdiction imposing a local option tax? Businesses are responsible for all programming changes and costs. NONCOMPLIANCE What happens if a business fails to collect or refuses to collect local option tax? Anyone aware of a problem may call our Taxpayer Services Section. We will call the merchant or otherwise investigate any complaints. In most cases, the problems are the result of misunderstandings and not intentional noncompliance. Whenever the Department audits for state sales tax, it will also audit for local option taxes. The penalties associated with the nonpayment of local option sales tax are the same as those for state sales tax. APPLYING THE LOCAL OPTION SALES TAX Is the local option sales tax imposed on the same items as state sales tax? Yes, except on: sales of motor fuel and special fuel as defined in Chapter 324 of the Iowa Code. room rentals subject to local option hotel/motel tax. sales of equipment by the State Depa~[ment of Transportation. sales of natural gas or electric energy subject to a city- or county-imposed franchise fee or users fee. · the sale of Lottery tickets and receipts from other games of chance conducted by the state Lottery. · the sale of direct-to-home satellite service Are local option sales taxes imposed on cars and trucks? No. Vehicles subject to registration are subject to a use tax under Chapter 423 of the Iowa Code rather than a state sales tax. However, the receipts from the rental of cars and trucks can be subject to local option tax. Also, sales of parts and services by auto dealers are subject to tax. Can a county with a local option sales tax impose the tax on items and services not subject to state sales tax? No. A local option sales tax cannot be imposed on any property or service not subject to state sales tax. 5 When local option sales tax is figured, is it imposed "on top" of the state sales tax? No. It is imposed in addition to, but not on top of, the state sales tax. A taxable sale will be subject to the state sales tax and the local option tax. However, The amount of the sale for purposes of determining amount of local sales tax does not include any amount of state Do retailers have to obtain a special sales tax permit in order to collect local option sales taxes? · No tax permit other than the state sales tax permit is required or available. When are local option sales tax receipts reported? Local option taxes are reported whenever sales tax is reported. However, the amount of local option tax collected is not used to determine how frequently a retailer should file. When does a retailer remit the tax to the Department? As with the state sales tax, the local option sales tax is due when the tangible personal property is delivered to the customer. Even if the customer has not paid for the merchandise, the tax is due when delivery occurred. For taxable services, the retailer remits the local option tax when the service is rendered, furnished, or performed. What does delivery have to do with the taxability of a sale? Where tangible personal property is delivered determines whether or not a sale is taxable. If delivery occurs .within a local option jurisdiction, the local option sales tax may be due. If delivery does not occur in a local option jurisdiction, local option tax is not due. 6 Delivery usually occurs when the seller transfers physical possession of the property to the buyer. In most instances, this transfer takes place at the seller's place of business. If the seller transfers the property to the buyer from the seller's own vehicle, then the transfer is considered to take place at the place of transfer. Finally, if the seller transfers the property to a common carrier or the U.S. Postal Service for subsequent transport to the buyer, the "delivery" of the property occurs at the location of the common carrier or Post Office. How is the delivery or sale of tangible personal property affected by the use of FOB or a similar term when it is moved by a common carrier? FOB or a similar phrase is an indication that the buyer and seller intend that the sale is to occur at a specified place. The specified location is the location of "delivery." If the FOB point is in a taxing jurisdiction, local option sales tax is charged. H a resident in a local option tax jurisdiction buys something in a city that does not have a local option sales tax, does that mean that they avoid paying the local option tax? Maybe. If a resident of a taxing jurisdiction takes physical possession of the item in a non-taxing jurisdiction, no local option tax can be imposed. However, if the seller delivers it by the seller's vehicle to the purchaser who lives in a local option tax jurisdiction, then the seller must collect local option tax. What if the seller (previous question) sends the item through the mail or by common carrier to the purchaser? To impose local option sales tax you must have: 1. Delivery within the taxing jurisdiction, and 2. Sufficient connections (nexus) by the seller to collect the tax. What does "sufficient connections" mean? The Iowa retailer must be purposefully marketing its products to the county's residents. These types of marketing activities include, but are not limited to, main ,raining any sort of office; sending any solicitor or salesperson (independent contractor or employee); transporting products in its own vehicle; and continuous solicitation of business, which includes advertising. An Iowa retailer's physical presence within a county is no longer necessary to require the retailer to collect the local option sales tax. However, an out-of- state retailer must have physical presence in order to be required to collect local option sales tax. What happens if the seller is located in a taxing jurisdiction and delivery of an item is made into a jurisdiction where no local option tax has been imposed? Local option tax cannot be charged on a transaction where delivery is made into a non-taxing jurisdiction. What happens when an item is purchased outside Iowa and brought into Iowa by the purchaser. Would local option sales tax be due? No. These transactions are subject to the state consumer's use tax. Local option sales tax can only be imposed when state sales tax is applicable. Iowa does not impose a local option use tax. What about vending machines? The location of each individual vending machine determines whether or not the local option sales tax applies. If it is in a local option jurisdiction, the tax applies. What happens when a business uses its own inventory? If a retailer in a taxing jurisdiction purchases items for resale or processing and later withdraws them from 7 inventory for other purposes, the local option tax is imposed. It does not matter where or when the items were first purchased. Owners, contractors, subcontractors, or builders purchasing building materials, supplies, and equipment for use in a construction project within a taxing jurisdiction must pay local option sales tax on these items if they take delivery in the taxing jurisdiction. Contractors, subcontractors, or builders 'who are also retailers in a taxing jurisdiction must pay local option tax when they withdraw building materials, supplies and equipment from inventory for construction purposes even if the construction project is outside the taxing jurisdiction. Manufacturers of building materials located in a taxing jurisdiction who are principally engaged in manufacturing and selling building materials and who withdraw them from inventory for use in a construction contract must pay local option tax if the construction contract is within Iowa. The tax is computed on fabricated cost. They must pay local option tax when they withdraw building materials, supplies and equipment from inventory for construction purposes even if the construction project is outside the taxing jurisdiction. What if ~ contract to construct a building or to purchase tangible personal property is entered into prior to the imposition of local option tax, but actual erection occurs after the local option tax is imposed? It makes no difference when the contract is signed or where it is signed. Delivery is the taxing event. If tangible personal property subject to state sales tax is delivered into a jurisdiction after the date local option sales tax has been imposed, local option sales tax is due. If a taxable service is rendered, furnished, or performed after the date local option sales tax has been imposed, local options sales tax is due. Construction contractors may apply for refund of additional local option sales tax paid as a result of the imposition of or an increase in the rate of local option sales tax if the following circumstances exist: (1) The additional tax was paid upon tangible personal property incorporated into an improvement to real estate in fulfillment of a written construction contract fully executed prior to the date local option sales tax is imposed or its rate increased, and C2) The contractor has paid the full amount of both state and local option sales tax due to the Department or to a retailer, and (3) The claim is filed on forms provided by the Department within six months of the date on which the contractor has paid the tax. This local option tax right of refund is not applicable to equipment transferred under a mixed construction contract. SERVICES How is local option sales tax imposed on services? Local option sales tax is imposed on any service subject to state sales tax which is rendered, furnished, or performed within a taxing jurisdiction. Does it matter when a contract for services is signed? No. Sometimes services are contracted before the local option sales tax becomes effective. The tax still applies when the service is performed. Does it make any difference if the service contract is signed outside the taxin§ jurisdiction? No. Local option tax is due on all taxable services performed in the taxing jurisdiction regardless of where the contract was entered. 8 What if there is a single contract and services are performed both within and outside a taxing jurisdiction? The local option tax is imposed if the contract is substantially performed in the taxing 'jurisdiction. However, if service charges are separately stated, separately billed, and reasonable in amount and can be distinguished between those performed in the taxing jurisdicUon and those performed outside the taxing jurisdiction, tax is only imposed on services performed in the taxing jurisdiction. LEASE AND RENTAL How is local option sales tax computed on rented or leased property? The general rule is that payments associated with periods when the property is used within a taxing jurisdiction are subject to local option tax. Motor vehicle, recreational vehicle and recreational boat rentals where state sales tax is imposed are subject to local option sales tax only if pursuant to the rental contract, possession of the vehicle or boat is transferred to the customer within the taxing jurisdiction and payment is made within the same taxing jurisdiction. UTILITIES Which utility payments are taxed? Dehvery of gas and water, electricity, heat, communication and pay television to an address in a local option taxing . jurisdiction is subject to tax. However, if the jurisdiction imposes a franchise fee or users fee on the sale of natural gas or electric energy, no local option tax can be imposed on the sale of natural gas or electric energy. Under recently-enacted Federal law, if a pay TV company provides its subscribers with a "direct-to-home" satellite service, Iowa local option sales tax cannot be imposed on the gross receipts. How are charges taxed when there are diffezent billing dates and billing cycles? Since the billir~gs may occur before or after rendering of the service is actually made, local option taxes and state ~!es tax are imposed on a "billiug date" instead of a delivery date. What about telephone credit card calls made outside a taxing jurisdiction and billed to an address within a taxing jurisdiction? Assuming that it is an intrastate call (within Iowa) loc_~! option tax applies if the call is billed to an address within a taxing '~u'Lsdi~on. Do pay television franchise fees imposed by a local jurisdiction exempt cable television charges from local option taxes? ]~o. Only franchise fees and users fees for natural gas and elec[,~c energy trigger the exemption. FOR MORE INFORMATION... Taxpayer Services Iowa Department of Revenue and Finance PO Box 1045'7 Des Moines, Iowa 50306-0457 515/281-3114 (out of state, Des Moines) OR 1-800-367-3388 (Iowa, Omaha and Rock Island/Moline) To receive forms and publications by mail: 515/281-7239 or 800-532-1531 (Iowa only) To receive forms and publications by fax: 800-572-3943 To receive forms and publications by Intemet: http://www. state.ia. us/tax To access ERIN (computer bulletin board): 515/281-3248 or 800-972-2028 (Iowa only) To access TDD for hearing impaired: 515/242-5942 To listen to pre-recorded tax.messages: 515/281-4170 or 800-351-4658 To check on the status of your Iowa income tax refund: 515/281-4966 or 800-572-3944 (Iowa, Omaha, and Rock Island/Moline only) 78-601 REVISED 7/97 Date: To: From: Re: November 25, 1997 Iowa City City Council Brad Neumann,t~JCCOG Solid Waste Management Planner Recycling in Multi-Family Buildings -..CCOG memo Two years ago JCCOG assembled a committee to investigate recycling in multi-family residential dwellings. The committee included representatives from all aspects of the multi- family recycling issue. After meeting regularly for more than a year and completing a three- month pilot collection program, the committee developed a list of concerns and a list of recommendations. The concerns included: · Added cost of recycling. The volume of garbage could not be reduced enough to fund a recycling program. · Continual education process due to the high student turn over rate. · Fire codes effecting inside collection and storage of recyclables. · Parking codes limiting outside recycling collection. · Collection of different types of materials may require additional investment in equipment by the hauler. · City would need to define what is to be recycled. · Enforcement. · Mandatory vs. voluntary programs. Following are the committee's recommendations. The recommendations are general in nature, but all should be considered when discussing implementation of any multi-family recycling program. Make minor changes to zoning requirements which will facilitate recycling in multi-family buildings, such as allowing more compact parking spaces to free up room for recycling containers, and allow curb cuts in alleys for the placement of recycling containers. Allow adjoining buildings to share recycling containers rather than requiring all buildings to have individual containers on their property. A minimum number of multi-family units per container could be allowed in order to assure appropriate levels of collection. 170 2 Incorporate smaller multi-family buildings (up to 8-12 units) into municipal curbside recycling programs. The curbside collection of recyclables provided to the condominiums in Coralville during the pilot collection program was very successful. o Require new development projects to provide space for recycling collection the same as they are required to provide for refuse collection. Consider stronger illegal dumping penalties. Apartment buildings already see the effects of volume based curbside refuse collection programs (pay-per-bag) in their dumpsters. Multi-family dwellings will have a hard time reducing their waste stream with additional refuse being placed in their dumpsters. Reevaluate screening requirements around dumpster sites in order to free up space for recycling. Many refuse haulers feel existing screening requirements do not allow them to place collection containers for recycling at the same site as the refuse dumpster, which is preferable for the hauler. Require, at a minimum, the recycling of paper products in multi-family dwellings. Paper products, including cardboard, make up 45% of the residential waste stream. Other materials could be taken off-site for recycling. A majority of the committee supported mandatory recycling programs for multi-family dwellings. This allows refuse haulers some secudty in making capital investments because the customer base is assured. Mandatory programs will also decrease the cost of recycling in multi-family dwellings because the costs to the hauler can be spread out over many dwellings rather than a few that may voluntarily provide a recycling program. Some of the committee felt that if certain barriers were removed, such as the screening and parking requirements, we would see multi-family dwellings voluntarily providing recycling programs. Others felt that economics and the recycling market should determine whether or not multi-family dwellings should recycle; i.e., we should wait until a recycling program can support itself. The time needed to implement recycling in multi-family buildings depends on many factors. Some of the programs in other cities reviewed by the committee allowed anywhere from six months to two years for program compliance. Let me know if you have any questions. Steve Atkins Jeff Davidson Chuck Schmadeke Gerry Kaefring Dave Elias jccogsw~mem~m ultrec.doc -..CCOG Date: November 24, 1997 To: Iowa City City Council From: Brad Neumann,~JCCOG Solid Waste Management Planner Re: Garbage collection and recycling in the downtown central business district The purpose for reviewing garbage collection and recycling in the downtown business district is twofold: 1) determine if the number of dumpstem in alleys can be reduced through the shadng of dumpster services, in order to clean up the alleys, better meet fire codes, and make delivery access better, and 2) target the very large volume of paper and cardboard generated by businesses for recycling. For the purpose of this discussion, the boundaries of the downtown central business distdct include a six block area bounded by Iowa Avenue, Clinton Street, Burlington Street, and Linn Street (see map). Within this boundary exists the pedestrian mall and 213 businesses. The breakdown of the business types am as follows: Professional services 61 Retail Stores 57 Restaurant/Bar 51 Other services 37 Commercial banks 7 Total 213 These businesses distdct currently have 80 dumpsters located in alleys, with service being provided by at least 6 different refuse haulers. A breakdown of the type of dumpsters include: Garbage dumpsters 59 Cardboard dumpsters 11 Grease dumpsters 10 Total 80 When evaluating the garbage and recycling situation in the downtown business district, some issues emerge. They include: · Collection of most dumpsters (about 75%) is done on a daily basis. · Sharing dumpsters could become a problem when splitting up the cost of collection evenly. · The distance to a shared dumpster for some businesses. 2 · Fire codes effecting placement of dumpsters in alleys for both recycling and garbage containers. · Lack of space for cardboard compactors/balers and cost of these items. · No economic incentive to recycle/added cost of recycling. · Collection for household units above the commercial properties. · Collection of many different types of recyclable materials may require additional investment in equipment by the hauler. · City would need to define what is to be recycled. · Enforcement of mandatory recycling programs. · Taking business away from private haulers if City takes over collection in order to streamline. With the preceding information and issues in mind, our recommended coume of action is to: 1. Discuss these issues with the Downtown Association and survey existing businesses as to their interest. 2. Discuss commercial business recycling possibilities and reducing the number garbage dumpsters with pdvate haulers, recyclers, and businesses. 3. Have us report back to you with our findings later this winter. Let me know how you would like us to proceed. CC: Steve Atkins Chuck Schmadeke Jeff Davidson Dave Elias Gerry Kaefring jccogsw~mem~l-mcy.doc City of Iowa City MEMORANDUM Date: To: From: Re: November 24, 1997 City Council City Manager Iowa City Water Facility Site Plan You will recall a couple months ago we created a staff committee to develop a site plan for our new water facilities off of Dubuque Street. The staff committee, headed. by the Public Works Director and with the help of the folks involved in the charrette held in 1994, has concluded their work. Attached is a copy of the proposed plan. Please take the time to review this plan and we will schedule this matter for an upcoming work session. Irn~mem~sal 1-212.doc /.+11 · / ~ ~ :~' Io~a City Water Facility. Site'~Plan- J WATER FACILITY SITE PLAN IOWA CITY, IOWA November 1997 Planning Prepared For: The City of Iowa City, Iowa Public Works Department Prepared By: Public Works in cooperation with and Parks and Recreation, City Staff Neuman Munson & Associates TABLE OF CONTENTS INTRODUCTION ......................................................................................................1 I FACILITY SITE ................................................................................................2 II EXISTING SITE ................................................................................................3 ISSUES .............................................................................................: ..............4 III IV REQUIRED PLANS AND SCHEDULE FOR THE WATER FACILITY .......................... 7 THE PLAN .......................................................................................................8 SUMMARY & ACKNOWLEDGEMENTS ....................................................................... 11 Iowa City Water Facility Site Plan Iowa City Water Facility Site Plan The Water Facility Site Plan was developed by a Plant Site Use Committee and assisted by a group of experts in wildlife and watershed management. Input was received from the Parks and Riverfront Commissions. A charrette was held in 1994 inviting the community to provide input concerning public uses on the North Dubuque St. water site. The Design Plan reflects input received from all persons who participated in the plan development process. It does not necessarily represent the consensus of all organizations represented. City Staff Steve Arkins Edward Moreno Carol Sweeting Brad Neuman Terry Trueblood City Manager Water Superintendent Water PUEduce Cord. JCCOG Solid Waste Parks & Rec. Director Chuck Schmadeke Jim Schoenfelder Karin Franklin Jeff Davidson Mike Moran Public Works Director Arch/Energy Coordinator Planning Director $CCOG Director Recreation Superintendent Joe Fowler Parking Director Naomi Novick Ernie Lehman Jim Throgmorton Amy Bouska Jim Larew Darrel Eyeman Donna Friedman Dick Holmes Pat Boutelle Clara Swan Council Member Council Member Council Member Johnson County SWCD Iowa City Area Science Center Wendram Bluff Association Johnson Co. Arts Council Old Capitol Skaters Alliance Project GREEN Design Review Committee Susan Horowitz Karen Kubby Wayne Peterson Tim Thompson Dave Lewis Jim Spradling Dick Gibson Larry Wilson Dee Vanderhoff Committee on Community Needs Council Member Council Member (represented by Shirley Wyrick) Natural Resource Conservation Service Iowa Department of Natural Resources Iowa City Community School District AIA Committee on Environment U/I Planning Riverfront Commission Parks Commission .......... ~ '~ .... · .....~,.:,.. ~: ~ ~,; . . .. ALI,IJVIAL AQ U ~:.. .... ...... ...................... The ihcility site will provide ~our water sources, Iowa City Water Facility Site Plan The water facility use committee consists of the following City staff members: Chuck Schmadeke, Jeff Davidson, Karin Franklin, Mike Moran, Edward Moreno, Brad Neuman, Carol $weeting, Terry Treeblood. This committee recognizes the design plan was prepared according to an open, interactive process which attempted to hear all voices with an interest in development of the site. The group did not attempt to reach unanimous agreement on each element of the plan. The plan is intended as a guide for use and design of grounds and facilities compatible with the goals of ensuring protection of the water facilities and City employees responsible for the site, as well as the public. I. Introduction The Iowa City Water Facility site was purchased to provide source water and a potable water treatment plant. Sources include a well into the Jordan aquifer located 1600 below the surface. Two wells into the Silurian aquifer located 350 feet below the surface and shallow sand and gravel wells located 50 feet below the surface. In addition raw water will be drawn from the 18 acre sand pit on the site as well as the Iowa River. The site is also unique because it is somewhat isolated and can be protected from surface contamination. The Iowa River flows along the north and west boundary, with Interstate 80 along it's south boundary and Dubuque St. to the east. A minimal amount of land is owned by a local radio station running along the southeast boundary of the property. The site's past uses were agricultural crop rotation and a sand and gravel quarry operation. The topography consists of rolling hills toward the river and 228 acres of sand and gravel deposits along the flood plain of the river. The two sand gravel and wells will draw water from the alluvial sand and gravel deposits above the bedrock near the river. These wells will provide the majority of Iowa City's source water. The source is superior in microbial and chemical quality to river water. The Jordan and two Silurian wells are supplemental water supplies. These well sources will provide the highest available source water quality. A sand pit pump station and the river intake located on the site will supplement the wells. Sufficient land is owned by the City to provide well head protection and if properly managed eliminate potential risk to Iowa City's water supply. The site location provides Interstate access, and upland elevations on which the treatment plant will be built (this will eliminate treatment plant flooding risks). The water plant design ~vi[1 blend into the natural landscape. Iowa City Water Facility Site Plan Public uses of the site must be compatible with the need to protect the water sources and water treatment operations. The framework for developing the site plan comes from an assessment and understanding of the issues, conditions and principle uses of the site. The plan includes: The generation of alternative uses and the development of a vision and strategy for implementation. The site plan provides for a state of the art water treatment facility to function within a wellhead protection zone and allows the public to use and safely enjoy the site. The site plan provides opportunities to educate the community in a number of aspects: history, environmental ecosystems, watershed management, wetlands, forestry, and wildlife observation. The site plan provides opportunities for people of all ages to ensure safe pedestrian and bicycle use of trails and paths linked to the Iowa River Corridor Trail system. The site plan defines suitable locations for public art that reinforces a sense of place and public gathering. The site plan emphasizes environmentally sensitive and cost effective design concepts that minimize continuous and costly maintenance. The site plan also provides for source water protection of the surface, alluvial and ground water sources, and consideration of long term maintenance and care. 2 :~ The water facility site was chosen for it's unique blend of water sources. Iowa City Water Facility Site Plan II. Existing Site The 230 acre water treatment plant and source site is located in Johnson Co. Iowa at 2551 North Dubuque St., north of 1-80 and south and west of the Iowa River. There are 2 homes remaining on the site, (removal is scheduled in 1998). A large portion 95 acres of the site is located in the flood plain. Soil on the site within the flood plain is sandy with light clay. A large area of the site had the top soil removed during the active life of the sand pit operation, leaving it vulnerable to erosion. The topsoil had been stock piled as a berm along the river edge of the site. There were 60 acres of row crops prior to City acquisition. The landscape includes 17 acres of timber, with conditions that include heavy under story and thick growth. There is a 18 acre quarry pit with an average depth of 27' which will be used as a raw water source. Banks along the sand pit are unstable and highly erodable. There is a 3 acre quarry wash pit, located north of the sand pit, this smaller pit is also very unstable due to erosion of the sandy soils. The historic Butler house is located on the eastern edge of the site. Issues It is critical that all issues that may impact the conceptualization of the site plan be considered. Therefore, public participation was built into the planning process by inviting the interested parties in the community to attend a charrette held in August of 1994, thus providing input for public uses at the site. There were thirty-seven people in attendance at the meeting. Comments received at the Charrette: Jim Larew Iowa City Science Center · Need site for Iowa City Area Science Center, 30 k sq. ft. building. Dave Lewis IC School District · Need facilities and environment for outdoor environmental curriculum. Darrel Eyeman Wendam Bluffs · Would be nice to have bike path around proposed site (paved)for bike, roller blades, jogging.. 3 Restored native prairie grasses, flowers and trees will blanket much of the site. Iowa City Water Facility Site Plan Jim Spradling · · · · · AIA Committee on Environment Concern about "built environment" on the "natural environment". Need to sustain natural environment. Consider constructed wetland for sewage treatment. Consider renewable energy. Consider construction waste recycling (bldg. Materials which are recycled). Consider solar heating, geothermal heating/cooling. Aesthetic use of water. (visual) Donna Friedman · · · · Johnson Co. Arts Council Need facility for Johnson Co. Arts Council Make site a gateway to Iowa City with outside sculpture exhibit area. Allot ~/5 to 1% for art in project. Make site an inside exhibit area. Keep Council involved in project planning. Dick Gibson U/I Planning · Consider commuter parking ramp 500 cars for University use students and staff, 3 acres. Use site for public commuter parking rather than downtown ramps. Soccer fields are needed to replace one on highway 6, could be placed onfiood plain · Underground parking with soccer field on top. Dick Holmes Old Skaters Alliance · Site to build year round skating facility about 10 acres with parking. · Locate near outdoor pond to share zamboni. 4 Pond fishing is fun and exciting. Iowa City Water Facility Site Plan Larry Wilson · · · · · · · · River Front Commission Make this site part of the Iowa River Corridor Trail, multi-use - everything is not motorized. Rest stations with rest rooms. Keep large structures away from rivers edge. Keep river bank natural (no rip rap). Keep lagoons with irregular shapes. Use hedges instead offences- hide fences with hedges. Use pipeline routes as trails. Keep flood plain natural. Keep trail above fiood plain as much as possible. Pat Boutelle Project Green · Concerned about how City will maintain trails (poison ivy, etc.). Clara Swan Design Review Committee · Tie the landscape to the buildings (through materials), use similar to buildings in state parks. Anamosa Limestone, lodge look. · Buffer interstate with parking areas. · Use sculpture at site, Iowa is lacking sculpture. · Move tanks to backside -berm and landscape around them. Karin Franklin for Tom Scott Planning and Zoning · Incorporate trails & parks - major message. Chuck Schmadeke Staff/Public Works · Keep all buildings out offiood plain. · Put docks to the back of buildings. · Sludge dewatering- need to be kept out offiood way. · Offside - discussed finished water mains & well sites. 5 Iowa City Water Facility Site Plar Mike Moran Staff/Parks & Recreation · Needs for additional soccer, baseball and sofiballfields. · Some interest in skateboard parks, and campgrounds. · River access for boaters. · Concern that there are resources to maintain more park facilities. Joe Fowler Staff/Parking · Explore possibility of commuter parking. Served by dedicated shuttle. Karin Franklin · · · · · Staff/Planning Have sewer capabilities to serve 760 acres N of 1-80. Bldg. Image needs to be welcoming but not ostentatious. Site - interchange plant and lagoons and enhance appearance of lagoons. Access site - separate service (trucks with chlorine)from public entrance. Historic preservation, people want to look at house on the hill. Jim Schoenfelder Staff/Public Works · Don't lose site of alternative energy solutions (possible solar, thermal from water). · Recycle construction waste. · Use recycled materials to build buildings. · Do life cycle cost analysis and don't concentrate on construction costs. Naomi Novick - Council · Make the building an absolute statement, let the other buildings follow. Open Discussion · Lagoons--make them as natural as possible (i.e. shape, shoreline protection, varying size. 6 Three hundred and twelve trees will be planted on the site. Iowa City Water Facility Site Plan III. Required Plans & Schedule For The Water Facility Plans for the development of the water facility improvements are nearing completion. The deep wells, Jordan and Silurian are complete, including structures. By December of 1998 all pre-existing structures will be removed from the site except the Butler house, which is eligible for inclusion on the National Historical Registry. In the spring of 1998 site development will begin with road-ways leading to the wells and river intake structure. The intake structure will be built and water, wastewater pipelines and electrical power will be completed. Development of the waste sludge lagoons will also begin. Site grading and seeding with native grass will also be completed in 1998. The quarry wash pit will be excavated and transformed into a wetland. The area will be top dressed with hydric or top soils for wetland habitat. Special wetland seeding will be implemented. Planting of trees, various seedlings and other vegetation will be completed along with the site development work. Construction of the sand and gravel wells will take place in 2000 as well as the sand pit intake structure. The treatment plant construction will begin in 2001. The plant is expected to be completed by 2003. Landscaping around the plant will be completed after construction. 7 Abundant wildlife offers many opportunities for study. Iowa City Water Facility Site Plan IV The Plan After site evaluation by the Plant Site Use Committee it is recommended that no use be made of the water treatment plant area other than uses specifically related to and compatible with the water facilities. Clearly passive public uses such as bike and hiking trails, perhaps picnic areas and fishing would be acceptable. The reason for this recommendation is the importance of protecting the water facilities including wells, aquifers and surface waters from any possible contamination. Contamination of the underground aquifers, well sites, and surface waters may cause serious public health problems. Any other use of the site which may cause contamination of the alluvial source should be avoided. It is recognized that the site plan must address the issues and conditions cited herein in a manner that encourages public use, and minimizes maintenance and to the greatest extent possible discourages illegal activities. Therefore a plan was developed incorporating ideas from the charrette as well as the Plant Site Use Committee, bearing in mind the limitations of the site and the need for security. All segments of the general public are encouraged to use the site for sport and recreation. It is anticipated users most users will reside in the Iowa City metro area.. (The site will be handicapped accessible.) Likely Users Will Include · Nature observers, bird watchers, environmentalists · School groups · Scouting and other youth groups · Hikers, cross-country skiers, bicyclists · Picnickers · Anglers · Residents from adjoining developments · Business and special interests groups · Interstate highway travelers Potential Activities of the Site · Water Supply for Iowa City Water Water Treatment Facilities Fishing · Winter recreation: cross-country skiing, sledding, snow- shoeing · Trails for hiking, biking, cross country running · Education: outdoor classroom, prairie, Iowa history, environmental wetland and upland · Research: native artifacts, agricultural impacts on water quality · nature observation, bird watching · Historic forest · School groups, and events · Picnic areas, shelter 8 The Trumpeter Swans restoration program enhances the wetlands. Iowa City Water Facility Site Plan The treatment plant design will blend into the natural landscape. The building will be self contained with planning for future expansion, a priority in design. Public meeting rooms will be located off in the lobby. A water related art sculpture is planned for the courtyard. Lagoons used to reclaim treatment plant residual solids will be located North of the treatment plant. The lagoons will be landscaped with native vegetation and tree plantings in mind. These lagoons are a part of the treatment plant process and will have to be serviced periodically. There is no odor associated with this type of lagoon. The quarry wash pit is to be redeveloped into 10 acres of wetland. Plants and seeds will be sown to establish various wetland species. This area will provide education for the public on the functions of a wetland and serve to draw a variety of wildlife species to the area. Trumpeter swans will be introduced into the wetland to establish a habitat and to include Johnson Co. in the "Iowa native Trumpeter Swan Restoration" program. Trumpeter swans will play a special role as they are known to be territorial and will help reduce the geese population near the gravel pit water source. (Migrating geese in large populations degrade water quality through fecal contamination.) The large quarry pit can be a protected water source as well as offer a recreation site for the community. The banks will be stabilized by reshaping and will include tree plantings and other vegetation. The pond may be stocked with native Iowa fish and the community will be able to fish from the bank. No motorized or water craft will be allowed on this pond in keeping with water shed protection. Hard surface well access roads will allow maintenance to the wells year round and serve as another link to the Iowa River Corridor Trail. A small trail head parking lot is recommended near the Butler Bridge on Dubuque St. The trail and access road wind through the site to the 1-80 underpass. Plans are being developed to continue the trail through the peninsula to the Iowa River power dam. Reconstruction of the dam is currently being planned to allow pedestrian access from Iowa City to Coralville. Access roads/trails will be accented by a 10 ft cool season grass buffer which will serve as fire breaks throughout the site. Remnants of the 17 acre Savannah forest will be cleared of under story debris and rehabilitated. It is expected that after the rehabilitation, forb and native wild flowers will again flourish on the forest floor. Walking trails with interpretive signs will enhance the education of forest users. 9 The wetlands and ponds turn into outdoor classrooms for the community. Iowa City Water Facility Site Plan Restored native prairie will blanket much of the site with a vegetative cover of native trees or prairie grasses and forbs which are tolerant of existing site conditions and can act as educational opportunities for the residents. Forbs and wildflower plantings will be concentrated near the high visibility areas along the surrounding access roads/trails. The Butler house located along Dubuque St. may be added to the National Historical Registry. Plans are being developed for the future use of this historical site, but are not finalized at this time. The Dubuque St. & I- 80 interchange is located in the southeast sector of the site. This sixty acre highway constructed watershed drains to the west. A three acre pond with a constructed wetland will be built to scrub possible contamination from interstate runoff before it can travel into the source water protection area. The pond can be viewed from the Dubuque St. interchange. There are a multitude of educational opportunities tied to this small watershed. There are a variety of locations on the site that will be designated as community art/sculpture locations for future use. 10 Iowa City Water Facility Site Plan Summary The Iowa City Water Use Design Plan articulates a vision derived from local Iowa City residents input, Iowa City Staff direction, and technical guidance and planning. The plan is intended to provide guidance for development and management of available open space. The plan identifies opportunities and limitations of the site and serves to protect the water quality and natural resources of the area, as well as offers outdoor educational and passive recreational opportunities for the Iowa City community. Acknowledgments Wayne Petersen Amy Bouska Tim Thompson Carol Thompson Marti Lamberti John Bilsten Natural Resource Conservation Service Johnson County Soil and Water Conservation District Iowa Department of Natural Resources Iowa Department of Natural Resources Geological Survey Bureau Des Moines Water Works Atlantic Municipal Utility Howard R. Green Company Walnut Creek National Wildlife Refuge 11 City of Iowa City MEMORANDUM Date: To: From: Be: November 26, 1997 City Council City Manager Pending Development Issues An application submitted by Craig H. Syrop & Anne G. Sadler to vacate a portion of WooIf Avenue, From McLean Street south for a distance of 240 feet. An application submitted by Walden Wood Associates II LLP, to amend the approved preliminary Sensitive Areas Development Plan and the preliminary plat for Lot 51 of Walden Hills, containing 2.9 acres and located within the OSA-8, Sensitive Areas Overlay Zone at the northeast corner of Shannon Drive and Irving Avenue. An application submitted by Roger G. Larson for two special exceptions to 1) reduce the front yard requirement along Clinton Street, and 2) modify the required off-street parking for property located in the Intensive Commercial (C1-1) zone at 802 S. Clinton Street. Im\mem~sa 11-26.doc ql? City of Iowa City MEMORANDUM Date: November 26, 1997 To: City Employees From: City Manager Re: Receipt of Gifts With the holiday season approaching, the provision that has perhaps the greatest effect on local government officials and employees concerns the acceptance of gifts (68B.22). A copy of this legislation is available in the offices of the City Clerk or the Purchasing Agent, for your review. Basically, a statement of 'q'hank you for the gesture, but I prefer not to accept any gifts" should be satisfactory for a response. The gift may also be given to a charitable organization; however, it is preferable that the gift go directly to the recipient charity rather than you. Sharing food gifts with all staff members may be within the state law. However, if food is received or you are aware of such circumstances, please encourage the giver to provide the food to the Crisis Center, Domestic Violence Intervention, Emergency Housing Project or any other community organization which we all know are in need of food donations. Encourage the giver to consider a future donation to a charitable organization on behalf of their valued customers rather than a direct gift to the City. cc: City Council rngr~mem~ogifts.doc City of Iowa City MEMORANDUM Date: November 26, 1997 To: Mayor and City Council From: Marian K. Karr, City Clerk Re: Board and Commission by-laws on Conflict of Interest At the November 20 Rules Committee meeting there was discussion on incorporating language into all Board and Commission by-laws to clarify conflict of interest matters. (Minutes of that meeting will be included in your December 9 agenda.) The Mayor requested that the language be discussed at your work session of December 1 to allow distribution of the memo to all Boards and Commissions as soon as possible. The following language was suggested for inclusion into existing by-laws and will be reviewed by the City Attorney's office after your discussion and prior to distribution: If there is a question-of whether or not a conflict exists, the Committee's legal counsel/City Attorney will decide. All questions should be referred to the Committee's legal counsel/City Attorney. Decisions of the Committee's legal counsel/City Attorney are binding. cc: City Attorney City of Iowa City MEMORANDUM Date: To: From: Re: November 25, 1997 Mayor and City Council Marian K. Karr, City Clerk City Hall Day, November 13, 1997 - 7:30 PM - Council Chambers [Transcription of the City Hall Day is available in the City Clerk's Office.] State Legislators: Iowa City Staff present: Iowa City City Council: North Liberty City Council: Oxford City Council: University Heights City Council: Others: Tape Recorded: 97-155, all. clerMmin\l 11 lws.doc Doderer, Dvorsky, Mascher, Myers, Neuhauser. Atkins, Helling, Karr, Dilkes. Novick, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Council Elect: O'Donnell. Bandy, Hippee. Saxton. Jacobson, Yarbrough, Martin, From Patricia Clifford (I.C), Terrence Neuzil (I.C.), John Neuzil (I.C.), Jim Jacobson (Gazette), Brian Sharp (Press Citizen). To: From: Mari~ Re: City [Transcription State Legislators: Iowa City Staff [ Iowa City City Council: North Liberty City Council: Oxford City Council: University Heights City Council: Others: City of Iowa City MEMORANDUM 11/25/97 and City Council K. Karr, City Clerk November 11, 1997 - PM - Council Chambers he City Hall Day is available in the City Clerk's Office.] Doderer, Dvorsky, Mascher, Meyer, Neuhause~ Atkins, Helling, Karr, Dilkes. Novick, Kubby, Lehman, Norton, Elect: O'Donnell. Hippee. Tape Recorded: 97-155, all. clerk~min\l 11 lws.doc Vanderhoef. Council Yarbrou~ Patricia Jim Jacobsor Martin. Terrence Neuzil (I.C.), John Neuzil (I.C.), Brian Sharp (Press Citizen). Subject: AML: Public Policy Update Public Policy Update ALLIANCE FOR COMMUNITY MEDIA PUBLIC POLICY LIPDATE November 1997 ?' FCC NOMINATIONS PASS SENATE MUSTER The nominations of President Clinton's four nominees to the Federal Communications Commission -- Michael Powell (son of retired Gen. Colin Powell), Harold Furchtgott-Roth (the House Commerce Committee's chief economist), and Gloria Tristani (commissioner of the New Mexico State Corporation Commission) and Bill Kennard as FCC Chair were all approved by the Senate. Kennard was formerly FCC counsel. ~, ' TACOMA OVERBUILD The Tacoma, Washington city council voted 9-0 to approve what will be the nation's largest municipal overbuild of an existing cable system. The council rejected attempts by incumbent provider TCI to delay or derail the overbuild. Tacoma City and Light will build network capable of competing with TCI. TCI had offered to rebuild the system to 550-megahertz capacity and to sell or lease excess capacity to the utility which could use it for its own needs or sell or lease it another entity. City officials found the TCI offer vague and did not want to delay moving ahead with the municipal overbuild. Leo Hindery, TCI president and chief operating officer met with the council before the vote, an encounter that demonstrated considerable ill-will and lack of trust between TCI and the council. TROY REHEARING SOUGHT The City of Troy, Michigan, has filed a petition with the FCC for partial rehearing of that portion of the Commission's order which preempts the authority of local jurisdictions to require cable operators who are seeking right-of-way construction permits to disclose that they'll be using the lines to provide telecommunications services. ~ US WEST SPLITS CABLE, TELEPHONE US West announced that the company will be divided into a 14-state regional Bell operating company and MediOne Group, a 5 million-subscriber cable company. The move allows MediaOne to operate cable systems in US West's telephone region which is off limits to the company as it is currently structured. The move also eases the path to possible mergers for both of the new companie. MICROSOFT INVESTING MORE IN CABLE Microsoft is close to agreement with US West to invest up to $1 billion in cable television which furthers Microsoft's strategy of turning the nation's cable systems into the primary providers of high-speed Internet access. Microsoft would buy about 6.3% of US West stock. In June Microsoft agreed to pay $1 billion for an 11.5% share in Comcast, another big cable company. Microsoft is also reported to have been negotiating a deal with TCI in which the soft behemoth would spend up to $1 billion for the purchase of set-top boxes that would run on its Windows CE operating system. These boxes would use the same low-cost processors that are used in terminals being developed by WebTV, another recent Microsoft acquisition. TCI also has 39.5% stake in potential Internet access competitor, @Home Networks which happens to use browser software from Microsoft's Internet software rival, Netscape Communications. Most of US West's cable subscribers were acquired last year when the company bought Continental Cablevision. US West is also a major share-holder in Time Warner and an active partner in managing its cable systems. Microsoft seeks to wield the same dominance over set-top boxes that it wields over personal computers as well as to build on Microsoft's current Internet businesses. Microsoft investments in the cable industry are intended to not only provide some of the financing for digital technology and set-top box upgrades but to increase cable industry confidence that their investments in Internet technology will pay off. Microsoft's investment in Comcast has already driven up cable industry's status with Wall Street and increased cable stock prices. Microsoft is placing less emphasis on information and entertainment content and more on conducting commercial transactions over the Internet. Microsoft realizes that such ventures can be successful only if they can reach the millions of cable subscribers instead of the much more limited number of people who use the Internes. through PC modems and conventional phone lines. RATE REGULATION PROPOSED Rep. Peter DeFazio (D-Ore) introduced a bill that would require the FCC to freeze cable rates and to investigate recent rate increases. DeFazio also says that the FCC is failing to enforce cable-rate rules that are already in place. DeFazio's action aligns with a petition recently filed with the FCC by the Consumer Federation of American and the Consumer Union. DeFazio is quoted as saying: "A funny thing happens when you deregulate a monopoly: consumers get shafted." SATELLITE RATES INCREASING? Under a ruling issued by the United States Copyright Office, the rates that satellite broadcast companies pay to transmit television signals will quadruple starting January 1. The rate hike will benefit owners of TV programming at the expense of direct broadcast satellite (DBS) companies. The decision puts DBS companies at a disadvantage became cable rivals pay lower rates. "The decision defies common sense," said Ken Johnson, a spokesman for W.J. (Billy) Tauzin (R-LA) who is chairman of the House subcommittee on telecommunications. "It will force consumers to pay dramatically higher rates for satellite services, and at the same time slow down competition in the marketplace." The Satellite Broadcasting Communications Association will ask the U.S. Copyright Office to delay the implementation of' their decision while it challenges the ruling in court. To promote competition in the video delivery marketplace Sens. McCain (R-Ariz), Burn (R-Mont) Conrad (D-ND), and Dorgan (D-ND) introduced the Federal Communications Commission Satellite Carrier Oversight Act which would head off the increase in the copyright fees for satellite carriers. HUNDT SPEAKS Outgoing FCC Chairman Reed Hundt, in an address to the World Affairs Council, said that the information revolution is fueling the creation of a global economy. Hundt predicted that "the ability of countries, businesses, and individuals to compete in this new global economy will be shaped by telecommunications policy." Observing that trade in services is growing on a worldwide basis at twice the rate of trade in goods, Hundt said that "information revolution is a. catalyst of expansion in the services sector, and in other sectors of the economy from agriculture to manufacturing." He added that "of the 12 million jobs created since President Clinton took office, 8 million have been in the information sector, which now comprises one-seventh of the U.S. economy." Hundt will be joining the Aspen Institute following his departure from the FCC. i.,/' TECHNODEMOCRACY? Bruce Bimber, a political scientist at the University of California at Santa Barbara has a sobering message for those who hope that computers and electronic communication will lead to the rise of a technology-driven democratic society where ideas are king and knowledge, information and participation reign. In the most comprehensive study to date on political behavior on the Internet, he has found that people are using the Internet for political participation Mr. Bimber says that "The respondents to his survey represented not the general population, but about 12,000 people who are deeply entrenched both in politics and the Internet." He also looked to community organizations to see if they were contacting people through the Internet, and he found that only 1 percent of those who were highly politically involved received online contact from community groups. Bimber concludes that "So far, the "cyberocracy" is falling flat." "I' think the new democracy is going to look like the old democracy," he said. "The people who are going to be most effective using the Net are the people who have been most effective with television, the same organizations that dominate direct mail." On the other hand. Republican pollster Frank Luntz has completed a study that dismisses many of the assumptions. about people he calls "Connected Americans", or people who regularly work with computers, e-mail, and the Internet. Citizens of what he call the "Digital Nation" turn out to be slightly older than many assume, are far more in tuned to politics, and less cynical about democracy than other Americans. His study showed that Connected Americans are more likely to say they always vote, and that 3 out of 4 express some or a lot of confidence in the two-party system. "The popular caricature of the Internet as a playground of a paranoid cabal of extremists in the Timothy McVeigh mold...is eviscerated by the actual evidence we have about the country's cyber-.citizens," Mr. Luntz concluded. Editor's note: Organize, organize, organize. This report provided by the Public Policy Committee of the Alliance for Community Media. Comments welcome. Rob Brading Chair, Public Policy Committee rbrading@znctv.org THE UNIVERSITY OF IOWA November 20, 1997 TCI of Eastern Iowa 154 Colorado St. Muscatine, IA 52761 Dear Sir ! Madame: I am writing to inform you of my very deep concern over the loss in Iowa City ! Coralville of UNIVISION, TCI's only Spanish-language channel, which, as you know, is scheduled to be reduced from its present 24-hour broadcasting schedule to a small number of hours daily, hours which, for the most part, represent times during which most of the programs are not broadcast. UNIVISION is an important educational resource. It is an important part of my teaching materials, inasmuch as some of UNIVISION's programing has been integrated into my most advanced undergraduate Spanish-language class. Other instructors of Spanish classes, both in the Department of Spanish and Portuguese at the University of Iowa and in other local educational institutions, including high school Spanish classes, also use UNIVISION extensively as an educational tool. In addition, Spanish-speaking patients at local hospitals view UNIVISION in their rooms in order to relax as they recuperate from their illnesses, and a good number of local soccer fans tune in to UNIVISION to watch soccer games, inasmuch as UNIVISION is the only locally available network that broadcasts soccer extensively. UNIVISION is, therefore, a very important part of Hispanic life in our community. I was, therefore, very distressed over a comment made by a TCI representative in the Press-Citizen with respect to cancellation of UNIVISION that TCI "did everything possible to let people know...people were allowed to vote on automated CityLine telephone information or at TCI offices...TCI also accepted letters", a statement which creates the impression that local residents were informed of plans to cancel UNIVISION but showed little interest in the matter. The truth of the matter is that TCI did virtually nothing to let people know of the cancellation and that the TCI customers had virtually no say in the cancellation of UNIVISION. I, fdr example, knew nothing of the planned cancellation of UNIVISION until Arlene Heck, general manager of TCI of Eastern Iowa, called to inform me that TCI would soon be canceling UNIVISION. Indeed, Ms. Heck herself said that she was calling me personally before releasing this information to the public, and, in fact, when I called the TCI business office in Iowa City to register my protest against cancellation of UNIVISION, the person to whom I spoke said that he knew nothing of any plans to cancel UNIVISION and asked me for the source of my information. When I reported this to Ms. Heck, she told me that the people at the local TCI office knew nothing because she had as yet made no formal announcement of plans to cancel UNIVISION since she was calling me prior to making any kind of public announcement. As you know, once the news of cancellation was made known, the outcry from the Hispanic community and others, was immediate and strong. Well over one thousand signatures have been collected and presented to TCI in order to make TCI aware of the great importance UNIVISION has for a large number of viewers in the Iowa Department or Spanish and Portuguese 11 I Phillips Hall Iowa City, Iowa 52242-1409 319/335-2244 FAX 310/335-2270 City / Coralville area. When a number of citizens approached the City Council to express their distress over TCI's proposed cancellation of most of UNIVISION, Naomi Novick, Mayor of Iowa City, wrote TCI, pointing out that UNIVISION is a service citizens here "have come to rely on for a variety of needs ranging from information about their native country to a useful language aid" and stating that inasmuch as "iowa City has long regarded the foreign language channel services as valuable assets to the cable system and to our community...we urge you t5 seek a reasonable alternative to the partial removal of Univision." There have been several protest meetings held, a very large number of letters written and innumerable phone calls made to TCI's local general manager, Arlene Heck, and others at TCI, but apparently all has fallen on deaf ears. It appears that TCI is not interested in responding to customers' needs and complaints. UNIVISION is a fully structured, sophisticated national network, the largest Spanish-speaking network in the United States, with many millions of viewers. Its value to TCI customers in this area is enormous, for Hispanics and non-Hispanics alike, in that it provides an opportunity to enjoy native Spanish from all parts of the Spanish-speaking world twenty-four hours a day. This is an incredibly valuable resource and one which, frankly, is surprising in a small mid- Western town. I have heard a number of people who are from much larger cities in which there is no Spanish-language channel express their amazement that this resource is available in Iowa City. There can be no doubt that the presence of 24-hour UNIVISION increases the cultural prestige of our community and that it says something very positive about TCI. It is my understanding that UNIVISION is one of nine channels which are not covered by the "must carry" law and on which programming can therefore be reduced or canceled by TCI. In spite of this, TCI has decided to make the Spanish-language channel bear the entire burden of the cancelation by removing most of UNIVISION while retaining channels like the local library channel on which virtually nothing is broadcast except notices of library hours and other announcements which roll by interminably for twenty-four hours a day. When one considers this, together with the fact that the channel options for English-language viewing in this area are close to forty, in comparison with only one channel for Spanish-language viewin one cannot help but feel that discrimination against Hispanics has played a major role '~"C~ 'sin decision making. This is an ugly issue, I know, but one which rears its head in view of the proceedings. I sincerely hope that you will find a solution which will permit UNIVISION to continue to be broadcast without interruption on its present 24-hour schedule. The announcement of such a solution would be received with relief, jubilation and the deepest appreciation by a very large number of TCI customers in Iowa City and Coralville. I look forward to hearing from you on this very important issue. Sincerely, George DeMello Professor of Hispanic Linguistics cc Arlene Heck John Margeson Naomi J. Novick City of Iowa City MEMORANDUM Date: November 20, 1997 To: City Council Members From: Drew Shaffer, Cable TV Administrator ~5 Re: National League of Cities Conference Telecommunications Related Issues There are a number of telecommunications issues that will probably be addressed at the upcom- ing National League of Cities (NLC) conference that could directly impact Iowa City. At a Councilor's request, here is some information pertinent to these issues. The most pressing matter before most cities is their control of their own public dghts of way (PROW), and compensation for use of those PROW. The Regional Bell Operating Companies (RBOCs) have been very active in several states legislatures in an attempt to eliminate much of the local govemment's authority in this area. U.S. West in particular has been successful in Colorado and Minnesota, and the Iowa League of Cities anticipates a concerted effort from U.S. West in the Iowa legislature this upcoming session. Several studies have indicated that those entities now using the PROW account for only 13% of the cost associated with maintaining, repairing, regulating, and administering the PROW. The balance of this cost has been picked up by the local governments and the taxpayers. Cities, through Telecommunications Ordinances and other measures, are attempting to recoup costs from those using the PROW, which includes the actual costs and rental costs associated with the space they occupy. Many RBOCs have gotten away with having to pay little or nothing for the use of PROW. U.S. West has been in this situation in Iowa since 1897. What is at stake is millions of dollars. Because of this, this issue is expected to be heated and on the forefront until it is resolved. There are many other telecommunications issues pressing cities. PCS, cellular, and digital broadcast towers are springing up across the US because of spectrum availability and technologi- cal developments. Many cities and towns have been besieged by companies wanting to place towers in various locations. Sometimes without permission, sometimes in locations that are not conducive to such use. The FCC is involved in this matter (just as it was with the control and placement of satellite dishes), and has attempted to eliminate local govemment's authority to control placement of such towers. Zoning control of such towers is cdtical for many reasons. Currently the City has some such zoning controls in place. For instance in December, 1996, the City of Iowa City amended the Zoning Code to allow communications towers as a special exception on Public (P) zoned property. The special exception process allows the Board of Adjustment to place conditions on the approval of a communications tower, such as height, appearance, and screening and fencing standards. The Board always has the right to deny a communications tower application which they feel does not address safety and aesthetic concerns. Permitting such communications facilities in the Public Zone also allows the government entity to spell out in a lease agreement what is expected of the telecommunications company. In Iowa City, communications towers are also permitted in the Interim Development zone as a special exception, and in the Industrial zones as a provisional use. Telecommunications Issues Page 2 The cable 'IV industry continues to be a hot issue in many cities. Partly because of the nearly complete vertical and horizontal control of the marketplace which has resulted in spiraling costs and what many perceive be a lack of competition. Less than adequate service (such as frequent outages) and a lack of programming choices are other complaints regularly received. Over the last twelve years Congress has unsuccessfully attempted to deal with these problems. First by largely deregulating the cable TV industry, and then later by attempting to place some controls within the FCC's jurisdiction. Unfortunately what has resulted is a citizenry completely confused about what is happening to them, who to contact about it, and what to do about it. For instance, my office regularly receives complaints about all sorts of cable TV rates, a lack of programming or channel choices, frequent outages, and a lack of competition to TCI, to mention a few. Citizens do not seem to realize that the City cannot control any rates except basic cable (and only then if the City is certified by the FCC and then only until 1999); that the City cannot have anything to do with programming or channel choices due to Federal law; and that the City has always had NON-EXCLUSIVE contract with TCI, meaning another cable company could have come into Iowa City at any time and requested a franchise. The fact is cable companies have not competed with each other within City boundaries anywhere but a handful of locations nationwide. Now that TCl has agreed to rebuild the cable TV system in Iowa City, and will simultaneously be offedng a new digital service and their @Home intemet service, some of these complaints and problems regarding lack of programming and channel choices and outages will diminish. Howev- er, expect the complaints regarding rates and lack of competition to continue for some time. The only competition to cable 'rv that has gained ground in the last two years has been satellite providers. To date somewhere between 5% to 8% of the US population has satellites, while about 65% of the US population has cable. Unfortunately there has been no mechanism for satellite providers to return any of their revenues to localities, such as the cable company now does with franchise fees and support of local programming and access channels. There is work being done in Congress now that would mandate that a kind of "Universal Fund" would be established by satellite providers, that would amount to up to 5% of their gross revenues, and would be somehow returned to localities to support local programming and local access channel efforts. Any proposed legislation is still in early stages and has yet to reach the floors of Congress. As satellite providers further penetrate the marketplace such legislation may be important to the continued existence of local programming and local access channels. The Intemet Tax Prohibition Act is another piece of Congressional legislation that has been worked on. There has been some concern that the way this legislation was drafted would create an "unfair playing field" between those businesses who are doing business over the intemet and those that aren't. The legislation as drafted would make it illegal to tax any transactions over the internet. The concern, in part, is that this could lead to a distinct disadvantage to downtown businesses and other forms of local taxation that contribute so much to tax base cities rely upon. These are just a few telecommunications issues which may be brought up at the NLC conference. If you have any questions or desire further information, please feel free to give me a call at 356-5046. cabletv\memos\issues.doc City of Iowa City MEMORANDUM TO: City Council '~,,~ J ~ ~ From: Douglas Booth roy, Directo partm~nt'~o I-E,' spection Services Re: Public Housing Managerr~ent Assessment Program (I~HMAP) Notification of Scoring Results I wish to inform the City Council that Maggie Grosvenor, Housing Administrator, recently received notification that the Iowa City Housing Authority's PHMAP score for Fiscal Year ending June 30, 1997 is 100%. The score of 100% is the best possible score that can be achieved in the area of Public Housing management by a Housing Authority. Maggie Grosvenor and her staff deserve a lot of credit for this achievement. The PHMAP program is a management evaluation system established by HUD to assess the quality of local management practice for Public Housing. A score of 90% or better results in a designation of a Housing Authority as a hiclh performer. The Iowa City Housing Authority has now achieved high performer status the past two years. The high performer status benefits the Housing Authority in its relationship with HUD and gives the Housing Authority a stronger competitive advantage when seeking grant awards (e.g. CLAP). I have attached to this memo HUD's notification and summary of the Housing Authority's present and past PHMAP scores. If you have any questions concerning this matter please feel free to contact Maggie at 356- 5407. Im~mem\dbl 1-24.doc U.S. Department of Housing and Urban Development Office of Public Housing Iowa State Office, Great Plains Area Federal Building 210 Walnut street, Room 239 Des Moines, Iowa 50309-2155 November 4, 1997 Ms. Margaret Grosvenor Executive Director Iowa City Housing Authority Civic Ctr - 410 E. Washington St. Iowa City, IA 52240-1826 Dear Ms. Grosvenor: SUBJECT: Public Housing Management Assessment Program '(PHMAP), Notification of Scoring Results, Fiscal Year Ending: June 30, 1997, Iowa City, Iowa The purpose of this letter is to inform you of your Hcusing Authority's total weighted PHFL~P score and status, the grade of each indicator; any determinations concerning modification and exclusion requests; if applicable, the adjustment for physical condition and/or neighborhood environment; and the deadline date by which appeals must be received in this office. A PH/~AP Scoring Report is enclosed for your review. Your PHA's total weighted PHMAP score for the assessment of the Fiscal Year Ending June 30, 1997, is 100.00%. PHA's that achieve a total weighted PHMAP score of 90% or more with no individual indicator grade lower than a "C" shall be designated a High Performer. The Iowa City Housing Authority is designated a High Performer. Incentives afforded to PHA's designated as high performers are in accordance with 24 CFR o 901.130. A PHA's total weighted PHiLAP score and its score for any indicator or component may be changed by this Office subsequent to data included in an independent auditor's report or data acquired during an on-site confirmatory review. PHMAP allows PHA's to request exclusions from or modifications to any of the performance indicators when conditions are beyond a Housing Agency's control. Your agency did not request any modification or exclusion. We offer the following summary of current and past PHMAP scores by indicator, for your review in monitoring management performance: INDICATOR 1997 1996 1995 PHMAP P}{MAP PHMAP SCORE SCORE SCORE Vacancy Rate & Unit Turnaround Time: Modernization: Rents Uncollected: A B B B D A N/A N/A A A A Work Orders: Inspection Units/Systems: Financial Management: Operating Reserves Energy Consumption Resident Services & Community Building: Security: A A A A A B A N/A F N/A A N/A A A N/A TOTAL WEIGHTED SCORE 100.00% 94.24% 82.04 Your PHA may appeal its management assessment rating on the basis of data errors, the denial of exclusion or modification requests, the denial of an adjustment based on the physical condition and neighborhood environment of your developments, or a determination of intentional false certification. If appealing, your PH3t must include supporting documentary justification of the reasons for the appeal. The appeal shall be received by this office no later than the close of business on November 19, 1997. If the appeal is not received by this office by the close of business on November 19, 1997, it will not be considered for processing. Just a few comments to help you with next years submission: For your housing authority, the first six components have to be completed. Even if you feel you will receive an 'A' on Indicator #1, Component #1: Vacancy Rate, you are required to complete Component #2: Unit Turnaround. Also, your HA could receive additional points if you choose to complete Indicator #7: Resident Services and Community Building or Indicator #8: Security. You could be assessed on all or just one component under each indicator. Finally, please note that, unless you appeal your score, this report is considered final notification. You must now provide the scoring report to persons responsible for appointing your Board of Commissioners (i.e., Mayors or Chairperson of County Boards of Supervisors). The distribution process will be reviewed during our next on-site review. Within two weeks of receiving your final PHMAP score, you must post your score in a conspicuous and accessible place for public review in your office. If your Housing Authority would like assistance from this office in the provision of technical assistance, the correction of any problem areas identified as a result of the PHMAP assessment, or suggestions for means to improve problem areas, please contact Jane Wyckoff of my staff at (515) 284-4840. Sing~rely, ~larl M. Hamblin Director Enclosure City of Iowa City MEMORANDUM Date: November 20, 1997 To: City Council From: Scott Kugler, Associate Planner Historic Preservation Commission Annual Planning Session Report On October 23, 1997, the Historic Preservation Commission held its annual planning session to discuss and prioritize its activities and projects for the 1998 calendar year. Attached please find a report detailing the results of the session, which the Commission intends to use as a guide for the upcoming year. Most notable is the Commission's plan to pursue the designation of its first conservation district. The Commission also plans to continue work on the Longfellow neighborhood and Original Town Plat (Northside, Goosetown) survey projects, consider the nomination of a second series of historic landmarks, and update its brochures, guide maps, and other publications. Please refer to the attached report for more specific information regarding these items. IOWA CITY HISTORIC PRESERVATION COMMISSION Preservation Plan Iml~lementation 11998) The Iowa City Historic Preservation Commission held its annual planning session on Thursday, October 23, 1997, at 5:00 p.m. in the City Manager's Conference Room, at which time it discussed and prioritized its activities and projects for the 1998 calendar year. Each year the Commission holds a planning session to review its progress in implementing the goals and objectives of the Historic Preservation Plan, and to set objectives for the upcoming year. This report details the results of that planning session, and is intended to serve as a guide for the Commission's activities for the upcoming calendar year. This session, in addition to prioritizing specific projects and issues to be dealt with in 1998, the Commission decided to continue to make use of organized task groups made up of Commission members to research and deal with specific issues, and provide recommendations to the Commission as a whole on those issues. The specific task groups are detailed on page 3 of this report. The following includes a list and brief discussion of the Commission's priority items for 1998 and issues to be dealt with in future years. PRIORITY ISSUFS FOR 1998: Conservation District Designations: Legislation authorizing the designation of conservation districts was adopted by City Council in 1995. As a result of neighborhood survey projects within the Longfellow Neighborhood and the Dubuque/Clinton Street area, a number of potential conservation districts have been identified. The Commission has placed a high priority on the nomination of a conservation district within the next year. A task group has been created to deal with this issue. Survey and Evaluation of Original Town Plat, Phases I, II & II1: Phase I of this project, including properties south of the Brown Street Historic District, north of Davenport Street, and lying between Linn Street and Governor Street, has been completed. A grant has been obtained to complete Phase II of this three phase survey, roughly between Linn and Governor Streets, north of Jefferson Street and south of Fairchild Street. Phase III will be the subject of a grant application to be filed in December, 1997, and will extend this survey area east of Governor Street. It is planned that this phased survey project will provide an updated inventory for all properties contained within the Northside and Goosetown Neighborhoods, as well as recommendations for preservation initiatives within these neighborhoods. Survey and Evaluation of the Longfellow Neighborhood: The first pha.~e of the Longfellow neighborhood survey identified a potential historic district, but concluded that additional survey work along Rundell Street, Dearborn Street, and the west side of Seventh Avenue must be completed to determine the eastern boundary of the district. A grant has been obtained to complete Phase II of this survey. This project should be completed by July 1998, at which point the Commission can consider implementation of neighborhood preservation strategies recommended by the report. Historic Landmark Designations: The first series of Historic Landmarks has been designated by the City Council, and plaques have been purchased and installed on 28 of the 36 properties, with financial assistance from Friends of Historic Preservation. Additional historic landmark nominations will be considered by the Commission. A task group has been organized to identify possible landmark properties, research their historic significance, and help organize the Commission's nomination and designation process. Update of Maps/Brochures: Many of the maps, brochures, and other publications produced by the Commission in the past are in need of an update. In addition, the Commission's supply of guide maps ("A Guide to Historic Iowa City") is dwindling. The guide map has been a very successful and popular publication, with over 15,000 copies printed, and contains information about many historic Iowa City properties, and illustrates self-guided walking tours. Financial Incentives: The historic properties tax exemption program was approved for use in Johnson County by the Board of Supervisors in February 1997. Other financial incentives, such as a revolving loan fund, should be investigated. A task group has been organized to research this issue, and possibly prepare a brochure or handout detailing all funding and tax credit sources that may be available to owners of historic properties in Iowa City. Ordinance and Code Amendments: The Historic Preservation Plan recommends that the Commission consider amending the historic preservation regulations to close existing loopholes, to add provisions to cover such items as economic hardship and special merit exceptions, and to increase penalties for violations or demolition by neglect. In addition, the Commission hopes to identify provisions in the zoning and building codes that may be relaxed for designated historic properties in order to encourage their adaptive reuse and rehabilitation. Iowa City Airport Master Plan: The Commission noted that the Airport Master Plan includes recommendations for demolition of the historic United hangar, as well as alterations to the terminal, also potentially eligible for the National Register. The Commission has discussed these items with a representative of the Airport Commission, and intends to continue to be involved in the decision- making and Section 106 review process. Historic Preservation Awards Program: The Commission discussed possible changes to the awards program rules and procedures, as well as the possibility of finding an alternative site for the awards program. These issues will be resolved prior to the awards program in May. OTHER ISSUES FOR FUTURE CONSIDERATION BEYOND 1998: Additional Survey and Evaluation Work: Additional survey areas for the Commission to consider in future years includes Kirkwood Avenue, Iowa Avenue, Downtown, and Manville Heights, as well as a survey and possible nomination of fraternities and sororities associated with the University of Iowa. Montgomery-Butler House: The Commission intends to be involved in the decision making process regarding the future of the Montgomery-Butler House, a City-owned historic structure located on the new water treatment facility site. Increase Staff Time: The Commission hopes to have the City consider increasing its staff for historic preservation from % time to ¥= time in future years. *Develop scrapbook of past projects. *Continue welcome/notification letters to new residents of historic districts. *Continue annual reminder letter to historic district residents. *Continue to work with other Iowa City and Johnson County preservation organizations. 2 COMMISSION TASK GROUPS/SUBCOMMITTFES: Certificate of Appropriateness Task Group: This group is responsible for reviewing applications for Certificates of Appropriateness on-site prior to the regular monthly Commission meetings. The group is to discuss the proposed projects with property owners and/or contractors, identify issues or problems that may exist, and attempt to resolve them prior to the project coming before the Commission for review. It is anticipated that this will significantly decrease the amount of time the reviews take at the regular Commission meetings, and will allow better interaction and discussion of issues with the property owners and/or contractors. Shaw, Malkmus, Calms Conservation District Task Group: This group is to discuss the merits of the potential conservation districts that have been identified, provide a recommendation to the Commission as to which district should be pursued for designation, work with residents of the area to collect information and develop a report nominating the district, and organize and oversee the nomination and designation process, Kuenzli, Gersh, Michaud Historic Landmark Task Group: This group will provide recommendations to the Commission regarding the second series of historic landmark designations, assist in the research and preparation of materials to support the nomination of the selected properties, and organize and oversee the nomination and designation process. Anderson, Malkmu$ Brochure/Map Task Group: This group is responsible for reviewing the information currently being distributed by the Commission, recommending updates or changes to this information where necessary, and helping to organize a fund raising effort for the redesign and reprinting of the guide map "A Guide to Historic Iowa City." Kelly, Widness Financial Incentives Task Group: This group will investigate the possibility of establishing a revolving loan fund for rehabilitation work on designated historic properties, develop a brochure detailing the various funding and tax credit programs that may be available for owners of historic properties, and investigate other financial incentives that may help encourage the rehabilitation of historic properties in Iowa City. Pugh, Anderson Code and Ordinance Amendment Task Group: This group is to investigate possible code and ordinance amendments as outlined in the Historic Preservation Plan, including the possible adoption of the UBC for Historic Properties, Pugh, Shaw, Cairns Historic Preservation Awards Program Task Group: Plan and organize the awards program to be held in May. Responsibilities to be shared as determined by Commission \hpcimpl November, 1997 3 Council on Disability Rights and Education 7. 8. 9. MEETING AGENDA DECEMBER 2, 1997 - 10:00 A.M. CITY COUNCIL CHAMBERS CIVIC CENTER - 410 E. WASHINGTON ST. IOWA CITY, IA 52240 Introductions Approval of Minutes Committee Reports a. Housing & Public Relations b. Transportation c. Public Accommodations Report of Board of Directors Other Reports a. UI Skywalk Accessibility b. Iowa Avenue Streetscape Project c. Snow/Ice Removal Letter Future Meeting Schedule Other Business Next Meeting Agenda -- January 6, 1998 Adjourn cc: Iowa City City Council Johnson County Board of Supervisors CDRE MISSION STATEMENT The Council on Disability Rights and Education {CDRE) is a non-profit educational organization dedicated to accessibility, full participation and inclusion of persons with disabilities. Our mission is to act as a comprehensive, community-wide educational resource for promoting disability awareness, to provide technical assistance and to encourage compliance with disability civil rights legislation. Our goal is the attainment of community-wide accessibility and the full participation of persons with disabilities to all facilities and services within our community. mgr/asstJcd re-a gd.doc Council on Disability Rights and Education MEETING MINUTES NOVEMBER 4, 1997 -- 10:00 am CITY COUNCIL CHAMBERS, CIVIC CENTER - 410 EAST WASHINGTON STREET Present: Jane Monserud, Timothy Clancy, Nancy Ostrognai, Keith Ruff, Dale Helling, Marjorie Hayden-Strait, Chris O'Hanlon Chairperson Ruff called the meeting to order. Those present introduced themselves. Minutes of the meeting of October 7, 1997 were approved as amended. Hayden-Strait will provide a text of her proposed amendments for correction of the minutes of record. COMMITTEE REPORTS Housing and Public Relations: This committee has not met in the past month. Transportation: Clancy advised that the committee had not met during the past month. He indicated that he had talked with Joe Fowler who informed him that there will be meetings taking place for the purpose of discussing future issues of transit and para-transit service. They will be looking at the role of transportation in Iowa City now and in the future and will provide persons with disabilities a chance to be part of the planning process. This is now a part of the overall planning agenda. Ostrognai asked whether or not snow removal had been discussed by the Transportation Committee. Clancy responded that it had not. He advised that talks between the City and the County are proceeding regarding the SEATS contract and that specific numbers/statistics have been identified. It is up to the SEATS staff to now generate these statistics. Clancy asked that the members of the Transportation Committee contact him if they would be interested in changing the meeting time. Public Accommodations: Ruff indicated that letters were mailed out to restaurants, bars, and cafes regarding follow up visits or new visits for the purpose of updating the "guide". No responses have been received thus far. Hayden-Strait asked for clarification as to whether or not the Committee only wished to cover bars, restaurants, and cafes. Ruff indicated that the focus was to go beyond these establishments but that they have been targeted as the first phase for the "guide". Hayden-Strait suggested that public buildings could be looked at as well, referencing the fact that City buildings had been toured last year. She also stressed that accessibility goes beyond structural issues and should also focus on the provision of services. It was suggested that the Public Accommodations Committee look at these issues. REPORT OF BOARD OF DIRECTORS Ruff indicated that letters had gone out to Board members and to all members regarding the meeting day and time and also requesting that people indicate if they are no longer interested in participating. Thus far only two replies have been received. Hayden-Strait suggested that we contact Ethan Fox regarding a short video promo of the CDRE. This could be offered for airing on all access channels. Clancy pointed out that telephone calls are very effective in encouraging attendance at meetings and suggested some type of phone tree system to contact members just prior to each scheduled meeting. Council on Disability Rights and Education November 4, 1997 Page 2 OTHER RFPORTS: 1. No report was available on the status of the University of Iowa skywalk over Dubuque Street. 2. Helling gave a status report on the Iowa Avenue streetscape project. It is still in the conceptual stage and the design consultant is currently working on an alternative somewhere between a total revision of the entire three block streetscape and the more subtle concept of simply adding trees, benches, planters, etc. Helling will bring sketches to the next meeting if they are available. There will be additional opportunity for public input in the future. 3. Accessibility of Park Shelters will be reported on at a future meeting. 4. Snow and ice removal was discussed. Ruff advised that Townsend had not yet submitted a letter to be sent out regarding assistance for neighbors with disabilities by voluntarily clearing sidewalks in their neighborhood. It was pointed out that the primary problems are at corners where accessibility to the crosswalks is blocked by ice and snow. While it might be possible to send a letter to everyone that lives on a corner, this is probably not realistic. The question was considered regarding how to identify people to send the letter to. Hayden-Strait suggested that neighborhood organizations can be resources as well as churches and other organizations. Ruff stressed that the only alternative for some individuals is to use the streets for travel in their wheelchairs which can be very dangerous. Helling advised that the City is looking into enhancing the removal of snow and ice from the crosswalks in the heavily pedestrian traveled downtown area. Ruff indicated that he will contact Townsend to finalize the letter. 5. Hayden-Strait passed out information copied from the AmeriCorps newsletter which addresses enhanced efforts to recruit volunteers (copy attached). FUTURE MEETING SCHEDULE Ruff suggested that we consider meeting every other month. While there was general concurrence, it was agreed that this should be further discussed at the December meeting with the hope of receiving more input from more members. Any change in our meeting schedule would take effect in 1998. OTHER BUSINESS Hayden-Strait reminded everyone that the free Downtown Bus Shuttle is in operation. She also affirmed that she had volunteered to do three months of intensive publicity for the group. She had faxed 17 letters inviting people to come to the meeting today. NEXT MEETING AGENDA The next meeting will be on December 2, 1997. Ruff indicated that this agenda should include an item regarding the snow removal letter. Meeting adjourned. mgr/asst/min/cdre 1104.doc AmeriCorps and its l ecruitment Initiative with People w th Disabilities by Doug Keast, Pro,,ram Coordinator AmeriCorps Disability Demonstra,t~on Program at Drake University "AmeriCorps is much more than a service program. It is ~movemont that unites diverse Americans in improv- ing our neighborhoods. In communities large and small '.ti~'oughout America, AmeriCorps members are taking responsibility, learning valuable skills, and fulfi!hng their pledge to get things done . -AmeriCorps Brochure Do you have a strong interest in working to make your community a better place to live? Have you wanted to teach young disadvantaged children to read, so they can enjoy Dr. Suess, or the classics as they get older? Have you wanted to do something about community centers an~parks that are falling into disrepair? Are you interested in working to expand the resources available to victim of domestic abuse in Iowa? If you have a passion for making an impact in these areas in your community, you may wish to take a long look at your Iowa AmeriCorps Projects! AmeriCorps USA is developing a presence in Iowa through its diveme projects working to develop happier, safer and healthier comrmmitie.q While this effort is being conducted on a national scale, its activities remain largely unlmown to most Iowans. While the main reason for AmeriCorps' existence is to strengthen our com- munities and families, it also provides a wonderful opportunity for people who would like to serve in these projects, either in the capacity of a member, or as an AmeriCorps volunteer. ~Drake University has developed a partnership w¢~th AmcriCorps USA to recruit and train more members ~vitl~- disabilities for its AmeriCorps projects in Iowa._The staffof this program are working to support Project staff in involving Iowans with disabilities, as well as providing information and resources to Iowans with disabilities who have a "passion for community service". Applicants who meet a project's qpalifieation for memb~_~_.~p, receive a modest living allowance each month, health benefits, and an education award (worth up to ~$4725) which can be applied as tuition, or to make pay- ment on unpaid school loans. School loan payments can be deferred during a members commitment to commit- merit to serve in AmeriCorps. In addition to members, all projects are generally looking for volunteers to ad- dress community service needs. This year, 25,000 people have worked with over 400 sponsoring agencies nationally to participate in AmedCorps program. This is not a "job"; it is community service. AmeriCorps initiative to include more people with disabilities reflects its understanding that community service is most effective when project participants fully reflect the hopes, aspirations and diversity of their communities. I. owa currently has 6 AmeriCorps Projects working in Iowa communities: Two provide services in the.DeL, . ~:lilxes area, one in Marshalltown, one in Cedar Rapid.q, one in Clipton and Jackson Cormties, and pne with _multiple sites throughout the state. Another project is being developed to serve in theM-.qeatine area. As each project varies in the service needs they address, member functions and qualifications also vary. A top qualifica- tion for any of these projects is a passion to,make the community a better, healthier place to live. These projects [~eruiting new members now. If you are a person with a disability and you believe you might have an interest in working in an AmeriCorps~ qproject near you, please call ~elen Lowery (515) 271:t0';5 o,' r)oug Keast (515) :~71-3074 at the Disability _~ R~source Center at Drake University. 11/24/97 69:25 To:IOl~h CITY CLERK From:Jo Hogartv 319-354-4213 Page Johnson Com~' Sally Slutsman, Chairperson Joe Boikcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS November 25, 1997 FORMAL MEETING Agenda Call to order following the informal meeting, 2. Action re: claims 3. Action re: formal minutes of November 18th 4. Action re: payroll authorizations 5. Business from the Planning and Zoning Administrator a) Final consideration of application Z9729 of Fobian Farms, Inc. b) Final consideration amending the legal description for Lot 3, Timberwood Estates, NE 1/4 of Section 18; Township 81 North; Range 7 West of the 5th P.M. in Johnson County, Iowa. Submitted by Art Hoefief (Z9653) c) Other Business from the County Auditor a) A~ction re: permits b) Action re: reports Other 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWACITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX:(319)356-6086 11/24/97 B9:25 To:ION~ CITY CLERK From:Jo Hogartv 319-3§4-4Z13 Page 2/2 Agenda 11-25-97 Page 2 Business from the Board of Supervisors a) b) c) Action re: FY '98 Nutrition Contract with Heritage Area~'_)kgen~ or/-.:~ Aging for SLn~ior Dining in the amount of $367,704.00. - .: ::.~ Motion accepting the following resignations on the ~'.rds~and,~ commissions and authorize Chairperson to send a letter and ?,L~ific~tion of appreciation: " ~" 1) Rhonda Shouse (Johnson County Cluster/Social Welfare Board) 2) Sharry Lenhart (Johnson County Board of Health) 3) Phyllis Doane (Johnson County Compensation Commission) 4) Gary Fink (Johnson County Compensation Commission) Motion congratulating Tom Slockett, Johnson County Auditor for winning the Iowa State Association of Counties 1997 Innovation Award regarding Calculation of Revenue/Expense Adjustment and the Johnson County Mapping Project. 8. Business from the County Attorney a) Report re: other items 9. Adjournment 11/24/97 BB:59 To:IOWA CITY CLERK From:Jo Hogartv 319-354-4213 Page 1/1 Johnstin Cmmt~' [ Sally Stutsman, Chairperson Joe Bolk¢om Charles D. Duffy Jonalhan Jordahl Stophen P. La¢ina BOARD OF SUPERVISORS November 25, 1997 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal minutes of November 18th o Business from Graham Dameron, Director for Department of Public Health re: funding for pertussis outbreak. discussion Business from the County Auditor a) Discussion re: cash flow analysis for October. b) Other 5. Business from the Board of Supervisors a) Discussion re: b) Reports c) Other procedure for hiring S.E.A.T.S. Director. (Sally) 6. Inquiries and reports from the public Business from the County Attorney a) Executive Session re: Secondary Roads collective bargaining strategy. report/discussion b) Other 8. Adjourn FORMAL MEETING TO FOLLOW 913 SOUTH DUBUQUE ST. P.O. BOX 1350 1OWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 C t es Are Fostering the Arts'": As a Way' to Save Downto :: By BRUCE WEBER SAN JOSE, Calif. -- In this city in the heart of Silicon Valley, where the rise in property values (and taxes) over the last decade has fueled a mammoth redevelopment effort, the city government has built from scratch, among other things, a chil- dren's museum, a new wing for the art museum, and, opening next month, a 525-seat theater that will be the new home of the San $ose Reper- tory Theater. All in a dowi~town that was, a dozen years ago, in the words of one city official, "a wasteland, chaos everywhere you looked." Under construction in the same general neighborhood is a technology museum, a community paean to the industry that has spurred the city's resurgence. The building is sched- uled to open next fall, and the cost, $43 million, is being covered by the city. Another city-financed project, the $9.1 million Mexican Cultural Heritage Gardens, with performaqce THE NEW YORK ~ is avmlable for home or o/lice deliwry in mo~t major U.S. citien. Call, toll-fm~, 1-800- , NY'FIMES. A~k about Tr~n~- ,,,e,t~,Ti,,,.C,,,,~ ~DW, ' 354613 BUILDING ON THE ARTS A special.report. space for local dance and drama troupes, is to open in 1~ m another rundown district. "We want our downtown to have the support of future generaUons," said Frank Taylor, since 1979 the executive director of the redevelop- m.ent agency. "We lost an entire gen- eration of children, who grew up ashamed of their downtown. There is no better way to get children ac- quainted with a city than through cultural facUlties, through art, through music, those experiences they can share. So that's been our approach." In a report fitled "American C. nn- vas," the National Endowment of the Arts recently described the arts in the United States as being vastly. undersUpported,. and the Federal Government continues to debate withdrawing from its already mod- est role as bolsrefer of the nation's creative artists. But it is one meas- ure of the complexity of the role of the arts in this country that San Jose Continued on Page A14 ...... dhn£ cnn¢.rn m Fa~rlmkk £'nnn White Elephants7 Hard Lessons From the Past A Local Governments Into the Breach VV~.,V lO ,..~vc J._)OWll[OWllS A Textbook Case From Arts S}1owl)lm:e To Bar Mitzvah Vcuue Success Story [ low a City Was Reborn AGENDA CITY COUNCIL WORK SESSION December 1, 1997 - 7:00 p.m. C:ivl¢ Center - Council Chambers ITEM NO. 1. SALES TAX DISCUSSION ITEM NO. 2. REFUSE COLLECTION / RECYCLING FOR MULTI-FAMILY HOUSING UNITS AND DOWNTOWN PROPERTIES ITEM NO. 3. WATER FACILITY SITE PLAN 1Z/BZ/9? 89:89:45 319-345-4Z13 -> 31935fiSBB9 IOW~ CITY CLERK Pa§e 881 ]Johnson Count).- Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonalhan Jordahl Stephen P. Lacina BOARD. OF SUPERVISORS December 2, 1997 INFORMAL MEETING 1. Call to order 9:00 a.m. Agenda 2. Review of the formal minutes of November 25th 3. Business from the Board of Supervisors a) Discussion re: Johnson County Space Analysis Study. (Sally) b) Discussion re: Emergency Medical Services Training Money Contract in the amount of $10,235.00. (Carol) c) Discussion re: 28 E Agreement for East Central Iowa Employment and Training Consortium. (Joe) d) Discussion re: e) Discussion re: (Sally) f) Discussion re: g) Discussion re: h) Reports i) Other computers for employees. (Sally) work session with Planning and Zoning Department. Compensation Board appointee. (Sally) Board of Supervisors' office staffing. (Sally) 4. Discussion from the public 5. Recess 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 qloO6 FAX: (319) 356-6086 12/81/97 B9:18:1Z 319-345-4Z13 -> Page BBZ 319356.5BB9 IOWfi CITY CLERH Agenda 12-2-97 Page 2 6. 1:30 p.m. - Meeting with Johnson County Elected Officials a) Discussion re: b) Discussion re: c) Other update of Compensation Board meeting. structure of meeting with elected officials. 7. 2:00 p.m. - Work Session with'Elected Officials and Department Heads a) Discussion of the following: 1) Ron Berg of MECCA re: Employee Assistance Program 2) Update of Salary survey and job descriptions 3) Update of budget process for FY '99 4) Space needs (establishing a comtnittee) 5) Legislative Issues 6) Telephone System/Commumcations 7) Strategic Planning Sessions 8) Reports/updates from Department Heads 9) Other l-" , CITY COUNCIL INFORMATION PACKET December 5, 1997 IP1 I Ip~ IP3 IP4 IP5 IP6 IP7 IP8 IP9 IP10 IPll IP12 IP13 IP14 IP15 IP16 IP17 DECEMBER 8 WORK SESSION Memorandum from Planning and Community Development Comprehensive Plan I Director: 1997 q/~ r~ MISCELLANEOUS ITEMS Memorandum from Manager: Memorandum from Manager: Memorandum from Manager: Memorandum from Manager: Memorandum from Manager: Memorandum from Memorandum from City Postal Bar Coding- Bulk Mail Costs City Stormwater Management City Local Option Sales Tax City Downtown - Saturday Transit Service City Building Code - Insurance Industry c ty Manager: Historic Landmark Plaques Manager: Lease of Used Computer Equipment Memorandum from Planning and Community Development Director: Northside Residential Parking Memorandum from Planning and Community Development Assistant Director: Railroad Interchange Relocation Project Update Memorandum from Economic Development Coordinator: Downtown Strategy - End of Calendar Year Update Memorandum from JCCOG Solid Waste Management Planner: Multi-Family/Commercial Recycling Council Discussion Memorandum from Finance Director: Fiscal 1997 Annual Financial Report Memorandum from Dianna Furman: Utility Discount Program Statistics by Month - June 1997 and Fiscal Year 1998 Memorandum from City Clerk: Council Meeting Schedule for 1998 Memorandum from City Clerk: January Meeting and Budget Schedule q'~) ~' December 5, 1997 Information Packet (continued) 2 IP18 IP19 IP20 IP21 IP22 IP23 IP24 IP25 IP26 IP27 IP28 Memorandum from City Clerk: Memorandum from City Clerk: Memorandum from City Clerk: Joint City Council and P&Z Commission - November 19 Board and Commission Application Council Work Session - November 17 Memorandum from First Assistant City Attorney: The Cliffs Apartments Memorandum from Assistant City Attorney Mitchell: Deer Management Update ICPD Use of Force Report - November 1997 Letter to Police Chief from Stephen Tiefz (Mental Health Center): Police Brucher Letter from Jennifer: Art on the Bus Agenda: December 5 Johnson County Board of Supervisors Meeting No Common Ground [O'Donnell] A~icle: A~icle: Agenda for 12/9/97 Bd. of Supervisors. Copy of letter from PCD Director to Bd. of pre-design meeting on Court St. extended, Changes in Cable Channels May Save City Money, Time [Helling] Supervisors regarding Information regarding Memo of Agreement - Water Plant Site. Copy of letter to Rory Fisher from City Mgr. regarding snow removal. Detective q~0q City of Iowa City MEMORANDUM Date: December 4, 1997 / /~t~. ~t ~' From: in, Director, Re: 1997 Comprehensive Plan Rather than amend the text of the Plan at this point, I will be providing you a continuing memorandum that will outline the changes that have been discussed and resolved to date. As you review these changes, if there are any that you do not believe the Council reached through consensus, please raise those issues at the next meeting. Upon completion of the work sessions and with agreement of the Council, this memo may then be referenced prior to your closing of the public hearing. I have not included editorial changes in this list. As soon as you close the public hearing, we will make the amendments to the original text and reprint the plan. Amendments from the November 3, 1997 work session: · Page 13, #3--Delete last sentence of paragraph and insert: In the future, efforts will be made on the part of the City Council to use the Capital Improvements Program to guide more effectively the location and timing of growth in the community through an annual review and prioritization of the ClP prior to the budget process. · Page 23---Delete the last sentence of the first paragraph and insert the following: The area east of Scott Boulevard was annexed for industrial development in 1997; the area near the airport requires annexation at some point in the future. Strategies: · Page 29--Add to last paragraph: Each of the strategies will require investigation as to their feasibility and practicality. Some will require working with other jurisdictions and community organizations. An Action Plan will be developed annually to pursue the various strategies. As the feasibility and appropriateness of a strategy is evaluated, that strategy may be modified, deleted, or replaced with a strategy that more successfully achieves the goal. · Page 31 - Cooperative Efforts Goal I add: Worldwide Web & Internet Strategy 2 Cable TV local access and electronic kiosks ql 1997 Comprehensive Plan December 4, 1997 Page 2 Goal 2 add: Promote regional cooperative efforts in the areas of disaster planning and public safety. Goal 3 add: Consider regional transportation systems Goal 4 add: Iowa City Community School District Goal 5 add: Include EClCOG, as appropriate Create regional community task forces to study issues such as the Iowa City - Cedar Rapids Corridor. · Page 33- Arts, Culture, and Human Development Goal 1, Strategy 1: Expand the public library consistent with the goals of the Iowa City Public Library's Strategic Plan. Goal 1, Strategy 3: Work with the Iowa City Community School District to include public recreational facilities and meeting areas in new schools. Goal 2, Strategy 1: Promote public art, culture or human development components in the redevelopment plans for Parcel 64-1a, the last urban renewal parcel. Goal 2, Strategy 2: A/locate a minimum of $100,000 annually for public art. Goal 4, Strategy 1: Consider a funding strategy to provide financial assistance to local arts, culture, and human development activities sponsored by non-profit groups. Goal 4, Strategy 2: Ensure that, at a minimum, facilities used for arts, culture and human development activities are fully accessible according to the requirements of the Americans with Disabilities Act. Add Goal 6: Preserve and protect the human rights of all the people of Iowa City. Strategy: Maintain support for the Human Rights Office and the Human Rights Commission. Periodically provide human rights sensitivity training for all City employees. Make available human rights awareness materials to employers, businesses, schools, and the public. Provide public forums which focus on issues related to discrimination and the law. 1997 Comprehensive Plan December 4, 1997 Page 3 · Page 35- Economic Well-Being Goal 2, Strategy 2 Identify work force skills required by targeted industries and identify education and training needs and resources such as the Region 10 Workforce Development Board. Goal 2 add: Encourage small businesses as employment opportunities for the available labor force. Goal 5 add: Encourage the creative reuse of existing commercial sites that are vacant or under utilized. Goal 6 add: Provide for and facilitate incentives. the timely review by the City Council of requests for financial · Page 37 - Environment Protection Goal 2 add: Promote regional storm water management systems. Reevaluate floodplain management ordinance. Goal 7 add: Revise Goal statement to read: Maintain the integrity of scenic and historic vistas... Reevaluate performance standa~'ds for glare. · Page 39- Housing Goal 1: Revise Goal statement to delete "for populations with". Strategy 4 Support programs that allow senior citizens to stay in their homes and projects that provide group living options for seniors. Strategy 5 Fund programs that assist lower income households with housing, which may include public housing, the rental assistance certificate and voucher programs, and housing provided by private non-profit groups. Strategy 6 Identify and eliminate barriers to affordable and accessible housing. Goal 4 add: Review existing codes for consistency with the goal to provide safe housing, reevaluating provisions which have no apparent basis in safety. Update codes to accommodate the use of new technology. 1997 Comprehensive Plan December 4, 1997 Page 4 · Page 41 - Land Use and Urban Pattern Goal 4, Strategy 2 Work with the business community on strategies to keep downtown commercially viable. Goal 4, Strategy 3 Promote growth downtown consistent with the Near Southside Development Plan. Goal 6, Strategy 2 Promote a mix of housing styles within neighborhoods, including compatible infill development through neighborhood conservation districts and other measures; and zone parcels in advance of development. Page 45 - Public Safety Add Goal: Continue to Department. emphasize crime prevention in the mission of the Police Strategies Increase number of neighborhood watch groups and sustain existing watches. Solicit input from neighborhood watch groups for setting department priorities in crime prevention activities. Train additional officers to recognize gang-related signs and activities. Maintain police identity in neighborhoods and police presence in high activity areas, such as the downtown. Goal 1, Strategy I delete "and DARE." Goal 1, Strategy 2 Seek and maintain cooperative relationships with other City agencies promoting public safety, including the University of Iowa. departments and other Goal 2 add: Closely coordinate emergency services with other government agencies. Goal 8 delete ~future". · Page 47 - Social Services Goals 1, 2, 3, 5, 6: Add the verbs promote, encourage, ensure, initiate and promote, respectively to the goal statements. Goal 4, Strategy 1 Work with JCCOG and agencies that offer services to exchange information and ideas, review new regulations, discuss issues and concerns. Goal 7 change "Consideration of" to "Consider". 1997 Comprehensive Plan December 4, 1997 Page 5 · Page 49 - Transportation Vision Statement: Revise second sentence to read 'q'his is a system which will accommodate all forms of mobility in the community." Goal 2, Strategy 4 Provide separate trails where appropriate; complete a network of trails including the Iowa River Corridor Trail. Goal 3, Strategy 2 Ensure adequate levels of transit service during a.m. and p.m. peak travel periods. Goal 3 - Add: Create innovative ideas to increase ridership. Continue aggressive marketing campaign. Support efforts to secure Amtrak rail service in the central Iowa corridor. Planning Districts · Page 80 - South Central Planning District--Add to Open Space paragraph: The Neighborhood Open Space Plan should be amended to consider open space for existing and future residential development in this area. · Pages 89 and 90 - Southeast Planning District--Update text regarding annexation of Scott- Six Industrial Park. South Planning District · Page 7--Amend reference to accessible apartments above commercial uses. Provide accessible apartments in the neighborhood commercial centers. · Page 12tAdd to the last sentence of the last paragraph: ...and along Highway 6. cc: Planning and Zoning Commission City Manager Jeff Davidson Bob Miklo plxladmin/mem/compplan.doc City of Iowa City MEMORANDUM Date: December 4, 1997 To: City Council From: City Manager Re: Postal Bar Coding - Bulk Mail Costs The City utility bills processed on December 3, 1997 included the postal barcode to receive the lowest postage rate from the United States Post Office (USPS) for first-class bulk mailings (utility bills and parking courtesy notices). From this date forward, the postal barcode will be printed on both the utility bills and parking courtesy notices, allowing the City to receive the postage rate of 23.8 cents per piece for bulk mailing. The anticipated decrease in bulk mailing postage expense on utility billings and parking courtesy notices for the remainder of FY98 is $10,500 or $1500 per month. To meet the USPS mailing specifications for the postal barcode bulk mailing discount rate, software and equipment were purchased and added to our VAX computer mainframe at a cost of $19,300. Our mailing envelopes for the utility bills and parking courtesy notices were redesigned to allow a larger window for the addressee/barcode information. We printed the City logo on both forms - in the upper left-hand corner and as a reversed screen back in the bottom portions of the forms. The information on the billing forms have not changed - the utility customers will continue to receive their average water consumption information in both cubic feet and gallon units. The process to implement this postal bar code was complex and time consuming. It required the cooperation of several Finance Department Divisions, including Purchasing and Information Services, committing hours of staff time to add the software, test the programs, and provide and receive staff training. In the future, the City can expand the use of this postal barcode system to other mailings for additional savings to postage expense. memos\tp4-7sa.doc City of Iowa City MEMORANDUM Date: December 4, 1997 To: City Council From: City Manager Re: Stormwater Management The Environmental Protection Agency is expected this month to issue a proposed rule to regulate stormwater run off in communities with populations below 100,000. Cities will be required to develop, implement, and enforce a stormwater management program designed to reduce the discharge of pollutants from storm sewer systems. Specifically, the rule will require implementation of six, so-called "minimum control measures" for stormwater management. These are: · Public education and outreach on stormwater impacts - implement a public education program to distribute educational materials to the community or conduct outreach about the impacts; · Public involvement/participation - comply with state, tribal and local public notice requirements; attempt to include public in development and implementation of program; · Illicit discharge detection and elimination - develop a storm sewer system map showing location of major pipes, outfalls, and topography; · Construction site stormwater runoff control - develop, implement, and enforce a program to reduce pollutants moving into storm sewer system from construction activities; · Post-construction stormwater management in new development and redevelopment - Develop, implement and enforce a program to address stormwater runoff from new development or redevelopment projects; and · Pollution prevention/good housekeeping of municipal operations - implement a regular program of inspection and maintenance of municipal equipment and facilities which are exposed to stormwater. Once the rules are published in the Federal Register, there will be a three- or four-month comment period. The date for the final issuance of rules is March of 1999. After states develop their specific programs, communities will be required begin to implement their programs. I would expect it to be somewhere around 2002-2004. tp4-1sa.doc City of Iowa City MEMORANDUM Date: December 4, 1997 To: City Council From: City Manager Re: Local Option Sales Tax In our community, the issue of a local option sales tax generates not only interest but often passionate opinions as to its necessity and/or desirability. The local option sales tax has met with public support throughout the State of Iowa, in that hundreds of cities/counties have adopted a 1% sales tax as a local government financial option. Of the major cities in Iowa, only Des Moines, Cedar Rapids, and Iowa City have not adopted the local option sales tax. By way of this memorandum, I wanted to provide you with some thoughts concerning the local option sales tax, not so much the number-crunching, budget impact, etc. but more the fiscal policy/philosophy of the State of Iowa as I see it. The sales tax, as adopted by the State General Assembly, is an important revenue to our State government. Historically, the Governor and General Assembly have long supported this tax as a part of the comprehensive package of State revenues. As you know, the State levies a 5% sales tax, income tax, inheritance tax, cigarette tax, gasoline tax, liquor tax, and a variety of fees such as the automobile use fees and other charges. The State has reserved for itself the ability to tax a variety of sources, partly I am sure, to help reduce the consequences of an overdependence on any one source of revenue to support the State government. Cities in Iowa do not enjoy a similar philosophical/financial approach to the funding of their local government operations and responsibilities. Cities and counties are left with little (hotel tax, sales tax options) other than the property tax to support their public service operations. School districts receive substantial state funding as well as an income tax surcharge is available to them in addition to property taxes. The property tax revenues for school districts are also regulated by the State. I believe it goes without saying that anyone who has spent any time in an official capacity in local government in Iowa is aware of the desirability if not necessity for greater self determination in the local decision making process. Also each community in Iowa is different and distinct. It would seem some reasonable latitude could be granted to address those unique public service needs and interests. Home Rule, as identified in the Iowa Constitution, supports such a concept. To fulfill its public service needs, it would seem that each community by a vote of the local legislative body should be able to have a local government revenue package it determines to be in their community's best interests. We are each so different, to rely on only one source of revenue could cause fiscal and economic jeopardy. Cedar Rapids has a much larger industrial tax base than Iowa City. Iowa City's tax base is substantially residential. The tax base available and the unique demands for public services would seem to indicate that each community be able to respond with its own local tax policy. That is not the case. The competition for economic development can be fierce. In Iowa we have an interesting conflict occurring. It is clear that urban areas serve as the heart of the State's economic development policy. That is, cities are expected to provide infrastructure (water, sewer), public services, (transportation, public safety) and other supporting services needed by business and industry. They also serve as markets for the goods and services created. Yet, I would argue the 170 2 State, through legislative and executive control, denies the resources to cities to fulfill that economic development policy. Cities in Iowa have Home Rule authority except tax policy which is reserved for the State. The General Assembly and Governor must approve any tax policy that affects local governments. I need not spend too much time explaining the legislature's behavior over the years, but it clearly has supported such a policy - that is, the State will decide what monies will be available for local governments. Local taxes and economic development policy fit snugly into the hands of the State government, cradled or squeezed depending on the interests of the State. A recent example is the machinery and equipment exemption. The State has pledged to support cities with the reimbursement of the lost monies from this exemption, however, that reimbursement is to be on a declining basis. It will eventually go away. The State economic development officials seem to believe that with machinery and equipment exemptions cities might enjoy additional economic growth and thereby fulfill State economic development goals. We do not know whether that growth will occur and do not know whether it will generate the income to offset the lost revenue to local governments. Our financial foundation can be undermined for the accomplishment of state-wide economic development policy. Many condemn the local property tax. But, all evidence would point to the fact that the General Assembly has determined the property tax will be the major source of revenue for the operations of local governments, particularly cities and counties. Property tax revenue is steady and predictable (barring any change in State actions) and currently remains deductible from your federal income tax. I believe the history of property tax legislation in Iowa and the State's local government finance policies are critical to the understanding of the local option sales tax. The State has created economic and fiscal policies to guide the local governments of Iowa. The State of Iowa also controls property tax such as tax rates, tax caps, property values, rollback factors, etc. The State chooses to exempt certain items from the property tax base as they see fit. Whether that exemption is for economic policy (M&E) or fiscal policy is most often never clearly stated. The underlying philosophy is that while the property tax may not be particularly popular, it is what the State believes to be in the best interest of local government. If this source of monies (property tax) cannot meet your local interest, this is where the local option sales tax enters the picture. If, as a local government, you desire to seek another option in tax policy you must vote on it by popular vote (the State does not require that of itself with respect to its taxes) and it will be a sales tax. A few years ago when the State increased the sales tax from 4% to 5% to meet the State's needs I believe further substantiated that philosophy. With a veto of a major piece of health care legislation a special session of the General Assembly was required to deal with the issue of the sales tax. Those sales tax monies (increased from 4% to 5%) have remained in place now for a number of years. As the State has become far more financially solvent, the economic development initiatives by cities and other local governments have been important. Because of the State's financial strength the issue of tax reduction by the State was initiated. They have chosen not to reduce the sales tax but to reduce the income tax. The issue of regressivity (one of those passionate opinions) was apparently not at issue at the time. Furthermore the State chose to initiate other controls on the property tax, such as a recent veto of certain exemption reimbursements. I believe that State policy, supported by the Iowa Constitution, is clear. Local governments in Iowa will rely on the property tax for its basic source of funding regardless of what the State chooses to do to that property tax base. 2 3 The Governor and General Assembly direct the finances of local government. If those representing the local government wish to seek any other financial options, it will be the sales tax for it is the only option that the State chooses to offer to you. If you choose to pursue this option, you must consider property tax reduction as a component of the public's consideration of the option even if it is zero. As mentioned by a State representative at our recent City Hall day, it does not appear major changes are on the "property tax" horizon. If a community chooses to seek options available, the sales tax is it, because that's the way the State wants it. mgrVnmo~salestx21.doc 3 City of Iowa City MEMORANDUM Date: To: From: Re: December 4, 1997 City Council City Manager Downtown - Saturday Transit Service The City staff continues to brainstorm ideas about how to improve our downtown. In the past we have offered specialized transit services to downtown for specific occasions. We feel that bus service for the remainder of the holiday shopping season should be free on Saturdays. We currently collect less than $400 per Saturday in fare box revenue. Making it free would be a means to increase aldership, possibly introduce people to transit, and promote downtown. We would run free service on the remaining three Saturdays (December 6, 13, and 20). We believe it to be worth the financial risk. We will be initiating this service immediately for the remainder of the holiday season. jwlmem/sa-downt.doc City of Iowa City MEMORANDUM Date: December 3, 1997 To: City Council From: City Manager Re: Building Code - Insurance Industry The insurance industry in proceeding, by way of the Insurance Services Office, Inc., to create a building code grading system. We have participated in statewide seminars to better understand the interests of the insurance industry. We expect Iowa cities to be graded some time in 1999. tp3-1sa.doc NATIONAL UNDERWRITEIt M,~tca 11, 1996 21 Building Code Underwriting Set To Be Launched On May I BY $~a,o~ D. Es'rx~ Florida, North Carolina md South Carolin~-=wiJl be able to u~e a ra~ng schedule that grades the effective- heSS and enfo~t o£ bufding codes. The system--~he Bufding Code E~ec:iveness Grad~ g Schedu]e~at- tempts to encourage officials to up- grade and enforce thei~ nnmir. ip~l bu~di-g codes, which could mean that Pac~i6es are better able to with- merit, which in.~rers can use when deddmgwhether to a~.rd pr_~rr-i~m The concept for the rating system arose after Hurricane Andrew, when a hrge pe.-c~ntage of the 1oss~ cov- ered by insurers were ntttibuted m poorly enforced building codes, ac- cordJag w ISO representaGws. "A lot of insured loss could have been prtwented~about nne=qunrter of it, ff more structures, cspec/ally single detached houses, had been built to t~e stanc~rcls of the building codes," I50's director of corpor~ eommunimtions, Christopher L. Guid~., sdd ofHurri~ne Andru&s dcau-~-~ion. For instance, poor buff cling code e.¢orcement led to the im.~ge of crushed homes alongside one s~eet in Homestead, FI~ f~cingunscethcd dwellings on the other side of the street, accorrti-g to ISO. Every community in the country should be r~tect b/Jm. I, 2000, ac- cordin~ to ISO. ISO's five-phase review of states, wKich begtn with Florida, North Caroli~ ~nd South Caroli-~, con- tinues with nine states ~;~ ~ Ahbam.% Dehw~, G~orgie, M~rr- l~nd, /VL~s~usens, New Hemp- sI';.L"., NewJe~y, Rhode bland and Texas. 0 City of Iowa City MEMORANDUM Date: December 3, 1997 To: City Council From: City Manager Re: Historic Landmark Plaques In September of 1996 the City Council approved the first series of Iowa City Historic Landmarks, which included 36 individual properties nominated by the Historic Preservation Commission. At that time, the Commission indicated that it intended to look into the possibility of purchasing and installing plaques on the designated properties, calling attention to the significance of these buildings. With the help of a $1,946 donation from Friends of Historic Preservation, the Commission purchased bronze plaques for 28 of the landmark properties, and to date 23 of the plaques have been installed on the buildings by City staff. The plaques are oval, painted black with raised bronze letters, contain the historic name of the buildings and their estimated construction date, and are generally installed on the fagade of the buildings, visible from the sidewalk and street. They have been well received by the individual property owners, and staff has received many positive comments regarding this program. The Commission is hopeful that a similar program can be offered when additional landmark properties are designated in the future. I will have photos of the plaques at the Council meeting. Im~'~em~a 12-2.doc Oity of Iowa City MEMORANDUM Date: To: From: Re: December 3, 1997 City Council City Manager Lease of Used Computer Equipment The Community Development Division of our Department of Planning recently received upgraded computers and as a result three used machines were available. Although the computers were dated, but use able, we wanted to find a way to fully utilizethe computers to serve low moderate income persons. To accomplish this, and fulfill the mission of the Community Development Block Grant program, the idea of leasing the used computers to local nonprofit organizations was considered. After discussions with Information Services Division staff and other City staff, the idea was endorsed. A criterion was developed to help us select organizations that would meet our objectives. The criteria are as follows: 1. The computer equipment must be used by low - moderate income persons and not for administrative purposes; and 2. The computer equipment should be provided to organizations that promote self-sufficiency and serve a large number of low - moderate income persons. With the assistance of the City Attorney's office a one page lease was drafted that allows the nonprofit organizations to lease the used computers for $1.00 per year. The lease also offers them the option to purchase the equipment, for fair market value, at the end of the three-year lease term. We identified nonprofit organizations that met the cdteda and have contacted three (Emergency Housing Project, Neighborhood Centers of Johnson County, and the Salvation Army) about this opportunity. All of them were very receptive, and we are planning to transfer the computers by mid-December. City of Iowa City MEMORANDUM Date: December 2, 1997 ~,/.<~ J~/~ To: City Council From: Karin Franklin, Director, Planning & Community Develop er~~./~/1"~ "/' ~"4 Re: Northside Residential Parking Last Spring during your discussions of the transitional housing project on Dubuque Street, concern was raised by a couple of Northside residents regarding their ability to park on the streets in the north side. They expressed frustration and concern with the non-resident parking in the area. As a consequence, the City Council directed the staff to work with the Northside Neighborhood Association to address the issue of non-resident parking in .the neighborhood. Over the past few months, we have made numerous contacts with the leadership of the Northside Neighborhood Association to offer our assistance in evaluating and resolving this problem and to ascertain the neighborhood's level of concern. Although the neighborhood association has not held a neighborhood meeting during this period, it appears that there is not consensus by the Northside board members that nonresident parking is a concern that is resolvable. We are unclear as to whether this position is one of frustration with a very complex problem, or if the response reflects lack of concern about the issue. We will continue to try to work through the Association and leam whether there is a majority, or at least a large number, of Northside residents who share the concerns expressed at your Spring meetings. We do not anticipate pursuing any studies of this matter until we have a clear sense that the residents of the area wish us to pursue it. If the Council disagrees with this approach, please schedule this item for discussion at an upcoming work session so that we may cladfly the Council's position. cc: City Manager Jeff Davidson Joe Fowler Marcia Klingaman Steve and Barbara van der Woude, Northside Neighborhood Association ImPmemO(f12-2.doc Date: To: From: Re: City of Iowa City MEMORANDUM December 2, 1997 City Council Railroad interchange relocation project update Last March we were informed by the Iowa Department of Transportation that we were the recipients of a $1.065 million grant, to assist with relocating the Iowa Interstate-CRANDIC railroad interchange yard from south Iowa City to the Amana Colonies. Last week I was informed by Fred Yocum, President and CEO of the Iowa Interstate Railroad, that after discussions with Amana Colony and Iowa County representatives, they have finalized the new interchange location in Iowa County. Fred will be conveying this information in a letter to Iowa DOT. Fred stated the two railroads remain firmly behind the project, and intend to construct the project during the next construction season. Let me know if you have any questions. CC; Steve Atkins Rick Fosse tpl-5jd.doc 41% City of Iowa City MEMORANDUM Date: December 4, 1997 To: City Manager From: David Schoon, Economic Development Coordinato~~~~"~"'---- Re: Downtown Strategy - End of Calendar Year Update The following briefly summarizes the status of a number of the projects the City has undertaken as part of the Downtown Strategy Plan. The projects are categorized by the five goal statements listed of the Downtown Strategy Plan. Provide a Critical Mass of Destination Points & Varied Year-Round Activities The development of Parcel 64-1a is on hold as the City Council addresses financing of the operating expenses for the public components of the proposed project. The City's direct involvement in the redevelopment of Block 102 is on hold as City Council considers a parking facility on the north side of downtown. City-sponsored events have been held on City Plaza (the Horizon Project and country western singer Faye Dudley) Planning City-sponsored downtown events for the coming calendar year. Events include a winter carnival in February, weekly summer events on the pedestrian mall on Thursdays during the lunch hour and Saturday afternoons, and a one-day community event in late summer/early fall. Have published four editions of a bi-monthly newsletter to downtown business owners, property owners, and residents. Designing replacement playground equipment and a stage area in City Plaza as part of downtown streetscape plan. Create a Positive Climate that Focuses on the Retention and Recruitment of Businesses After preliminary discussions with the Downtown Association, the DTA has put on hold conducting a market study. Will continue to discuss with the DTA a means of developing a multi-faceted assistance program to promote business retention and development in the downtown. When appropriate, continue to support the Downtown Association efforts at promoting downtown as the "Heart and Soul of Iowa City". City department heads have been directed to note downtown locations of public facilities and services in all brochures and publicity. Initial contacts regarding the feasibility of a small business incubator have been made with the Small Business Development Center, Institute for Social and Economic Development, U of I Entrepreneurial Center, ICAD, and the Chamber of Commerce. After first of year, plan to establish a task force to further investigate the feasibility of a business incubator. Forum for business and property owners was held regarding possible regulatory barriers to business retention and attraction. No one attended the forum. In the December downtown newsletter, have asked business and property owners to send in their concerns and comments. With the assistance of ICAD and DTA, have established a database of available space in the downtown. Maintain a Clean and Attractive Environment in the Downtown The Iowa Avenue Streetscape Committee will present the Iowa Avenue Streetscape to the City Council after the first of the year. Preparation of the downtown-streetscape plan continues. Plan should be completed early next year, with implementation of components of the plan during the next construction season. Additional maintenance staff has been hired to work Monday/Thursday/Friday afternoons and evenings and Saturday/Sunday days. Green Machine and other cleaning equipment has been purchased for cleaning the downtown area. Initiated a pilot program to assist with sweeping selected sidewalks outside of City Plaza in the area bounded by Iowa Avenue, Burlington Street, Linn Street, and Clinton Street. Generally, the sweeping was performed on Mondays and Fridays with allowances made for inclement weather and other unanticipated circumstances. An art in public projects program has been established by the City. As part of a public art program in the downtown, City staff is pursuing painting a mural on the east wall of the Vito's building. Currently in the process of identifying potential artists. City has taken over the responsibility of managing the downtown streetscape banner program. Early stages of developing a year-round banner for downtown. · Alleys steamed cleaned both in the spring and fall. · Preparing an informational brochure identifying all City codes relevant to downtown. · Adopted an ordinance requiring graffiti removal. Provide a Safe and Inviting Downtown for Residents and Visitors · Planning to increase presence of police in the downtown by reducing the size of the downtown police beat and by having police officers in downtown area patrol by foot or bicycle. · Continue to pursue a transit interchange station on the north side Old Capitol Mall and continue to consider including a visitor information component. · Downtown directional signs have been added on Dubuque Street. By the end of December, the DOT is to add "Downtown" to the Dubuque Street/I-80 Interchange signs. · Council decided to leave Washington Street as a one-way street. · Preliminary contact has been made with youth agencies regarding youth activity on the plaza. · The City continues to participate in the University's Stepping Up Program. · Improving alley lighting by adding lights. Will improve other lighting throughout the remainder of the downtown as part of the downtown streetscape plan. Ensure that Downtown is Accessible by all Modes of Transportation · At the Council's direction, staff is investigating the development of a parking garage along Iowa Avenue. · Converted the mostly-permit parking lot adjacent to the Holiday Inn to a short-term pay lot. · Presently designing informational/promotional brochure on downtown parking. · Printed story in downtown newsletter educating businesses about the consequences of employees using on-street metered parking. · Initiating free bus service for selected events and days, such providing free bus service on Saturdays in December. · Implemented the free downtown shuttle pilot program to serve the downtown and adjacent neighborhoods. Evaluated the feasibility of van pools for City employees and determined they are not feasible at this time. Through the conversion of parallel parking to angle parking, increased the number of on- street parking spaces on College Street and Linn Street by 1 5 spaces. Increased parking attendants at the parking garages, as appropriate, at peak hours. After obtaining cost figures and talking with sign companies, staff is not pursuing the installation of "number of spaces available" signs on the Capitol and Dubuque Street ramps. Continue to design "public parking" signs for the facades of the parking garages. As a result of recent parking study, Council decided not to pursue providing lower rates on upper levels of Dubuque & Capitol Street parking ramps. Periodically have provided parking ramp coupons for free parking to Iowa City residents in their utility bills. Provided directional signage for pedestrians in parking garages. Regional Trails and Bicycling Committee recommended 1 ) to continue to monitor bike parking and install additional racks as needed; 2) that no changes are needed to improve bicycle circulation in downtown; and 3) that the downtown streetscape plan should investigate appropriate bicycle signage, such as sidewalk stenciling. Evaluated each block in downtown for adequate number of parking spaces for persons with disabilities, and determined that no new spaces are needed at this time. Evaluated use of audio crosswalk signals at key intersections. Given limitations to such signals, staff not pursuing at this time. cc: Karin Franklin f :\downtown\implem\ccreport.doc City of Iowa City MEMORANDUM Date: To: From: December 4, 1997 Iowa City City Council Brad Neumann,"~'JCCOG Solid Waste Management Planner Re: Multi-family/commercial recycling council discussion Per our discussion with Council on December 1, I will begin preparing an ordinance that will ban certain paper and/or cardboard items from the landfill effective by the year 2000. I will prepare an implementation timeline and list of issues, including zoning and enforcement issues, that will need to be dealt with before passing a landfill ban. The landfill ban ordinance should be passed by no latter than mid 1998 in order to give those involved in the collection and recycling business enough time to prepare for the 2000 implementation date. If you have any questions, please give me a call at 356-5235. CC: Steve Atkins Jeff Davidson Karin Franklin Doug Boothroy Ron Boose Chuck Schmadeke Dave Elias tp3-3bn.wp5 CITY OF I0 WA CITY Frown: Date: Re .- City Council and City Manager Don Yucuis ~%%~3J3~q November 24, 199U Fiscal 1997 Annual Financial Report I am pleased to present the City's comprehensive annual financial report (CAFR), for the fiscal year ended June 30, 1997. The report will be submitted for the Government Finance Officers Association's Certificate of Achievement for Excellence in Financial' Reporting. The Certificate of Achievement is the highest form of recognition in governmental accounting and financial reporting. The GFOA is a nonprofit professional association serving 12,625 government finance professional with offices in Chicago, Illinois, and Washington, DC. The City has received the award for each of the past twelve years. Date: To; From: Subj: Treasury Division Memorandum 1-Dec-97 City Manager and City Council Dianna Furman ~~ Utility Discount Program Statistics by Month - June, 1997 and Fiscal Year 1998 Month 1997 Jul-96 June FY98 July Aug Sept Oct Nov Dec Jan Feb Mar' Apr May June FY Totals 864 cc: Don Yucuis Water Sewer Refuse Total Accounts Recyling Water Sewer on Discount Water Discounts Discounts Program Discount 118 30 148 175 51 226 Sewer Refuse Tax Discount Discount Discount · 1,149.44 56.13 1,207.81 1,148.00 177 51 228 1,146.88 166 52 218 1,159.68 171 57 228 1,111.04 177 60 237 1,185.28 173 59 232 1,216.00 279 1143 5,818.88 56,03 1,205.12 1,141.44 56.63 1,218.57 1,154.56 54.28 1,167.46 1,085.69 57.90 1,245.47 1,148.04 59.40 1,277.75 1,151.29 284.24 6,114.37 5,681.02 Recycling Discount 367.50 365.40 369.60 347.55 367.50 368.55 1,818.60 Total Dlscoun~ 3,928.88 3,914.87 3,959.04 3,766.02 4,004.19 4,072.99 0.00 0.00 0.00 0.00 0.00 0.00 0.00 19,717.11 O utildis.xls12/1/971:18 PM City of Iowa City MEMORANDUM DATE: December 5, 1997 TO: City Council FROM: Madan K. Karr, City Clea'k RE: Council Meeting Schedule for 1998 January 1998 S M TW T F S I 2 3 4 52(~ 7 8 910 11 12 114 15 16 17 18 19 21 22 23 24 25 26(~28 29 30 31 May 1998 S M TW T F S I 2 3 4 1(~1,~ 7 8 9 10 11 14 15 16 17 18(~20 21 22 23 24 25 26 27 28 29 30 31 September 1998 S M TW T F S I 2 3 4 5 6 7 1~ ~ 10 11 12 13 14 I 17 18 19 20 21 2~23 24 25 26 27 28 30 February 1998 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23(~25.26 27 28 March 1998 S M TW T F S I 2 3 4 5 6 7 8 9{~11 12 13 14 15 16 18 19 20 21 22 23(~25 26 27 28 29 3O 31 June 1998 S M TW T F S 7 8 I 11 12 13 14 15 2~17 18 19 20 21 22 4 25 26 27 28 29 (~ July 1998 S M TW T F S I 2 3 4 5 6 7 8 9 10 11 12 13~i 16 17 18 19 20 23 24 25 26 27 30 31 October 1998 S M TW T F S 1 2 3 11 12 I 15 16 17 18 19 2~21 22 23 24 25 26 28 29 30 31 November 1998 1 2 5 6 7 8 9 11 12 13 14 15 16(~18 19 20 21 22 23 25 26 27 28 29 30 April 1998 SM TW T F S I 2 3 4 5 6 (~ 8 9 10 11 12 13 14 15 16 17 18 19 20(~22 23 24 25 26 27 29 30 August 1998 S M TW T F S 1 2 3 4 5 6 7 8 9 10(~12 13 14 15 16 17 19 20 21 22 23 24(~)26 27 28 29 3O 31 December 1998 3 4 5 6 7 10 11 12 13 14(~16 17 18 19 20 21~ 23 24 25 26 27 28 2~30 31 cc: Department Directors City of Iowa City MEMORANDUM Date: To: From: Re: December 3, 1997 1998 City Council Marian K. Karr, City Clerk January Meeting and Budget Schedule 'Earlier in November a proposed schedule was distributed for the month of January. 'Base don input received fi'om Council, that schedule was acceptable. Please mark your calendars for the following dates: Monday, January 5 - Saturday, January 10 - 1:00-5:00 p.m. 5:00-6:00 p.m. 6:00-9:00 p.m. 8:00-Noon Organizational Meeting with budget overview DINNER BREAK Board and Commission input & other budget issues Budget Monday, January 12 - Tuesday, January 13 - 7:00 p.m. 7:00 p.m. Regular Work Session Regular Formal Meeting Monday, January 26 - Tuesday, January 27 - Thursday, January 29 - 7:00 p.m. 7:00 p.m. 6:30-9:00 p.m. Regular Work Session Regular Formal Meeting Budget Monday, February 2 - Tuesday, February 3 - 6:30-9:00 p.m. 6:30-9:00 p.m. Budget (if needed) Budget (if needed) Monday, February 9 - Tuesday, February 10 - 7:00 p.m. 7:00 p.m. Regular Work Session Regular Formal Regular off-week meeting schedule resumes with the meetings of February 9 and 10. Staff estimated approximately 12 hours of time for review of the budget. The above schedule would allow that time without the February 2 and 3 meetings. However, it's always easier to cancel the meetings if not needed then to try and find an open date. This schedule also takes into consideration Council absences, the regular meeting schedule, and the necessity to set public hearing on the budget at your regular meeting on February 10. cc: City Manager Finance Director City Departments Boards and Commissions City of Iowa City MEMORANDUM Date: To: From: Re: December 1, 1997 Mayor and City Council Marian K. Karr, City Clerk Joint City Council and P&Z Commission, November 19, 1997 - 5 p.m. Council Present: Council Absent: P&Z Commission Present: P&Z Commission Absent: Staff Present: Tapes: Novick, Kubby, Lehman, Norton, Thornberry, Vanderhoef Baker Bovbjerg, Chait, Gibson, Starr, Supple. Ehrhardt, Shive Atkins, Helling, Karr, Franklin, Davidson, Miklo Reel 97-157, Side 2; Reel 97-159, all; Reel 97-160, Side I 1997 COMPREHENSIVE PLAN DISCUSSION Reel 97-157, Side 2 Planning and Community Development Director Franklin facilitated the proposed 1997 Comprehensive Plan Council and Planning and Zoning discussion. The following changes were proposed: Page 31 Cooperative Efforts · 1st Goal, include use of the Internet or World Wide Web. · 4th Goal, include Iowa City Community School District in strategies. · Add EClCOG and develop strategy. · Add ememencv manaQement. · Add regional transportation. · Add electronic kiosk. Page 33 Arts, Culture and Human Development · 1st Goal, 1st Strategy, add consistent with the cloals of the Strategic Plan. · 4th Goal, 2rid Strategy, add at a minimum to ADA standards. · 2nd Goal, 1st Strategy, change include to 13romote. Joint City Council and P&Z Commission November 19, 1997 Page 2 Page 35 Economic Well Being · 2nd Goal, 2nd Strategy, add such as Reelion 10 Work Force Development Board. · Last Goal, include Strategy for receiving information early prior to signing a CEBA grant. · 5th Goal, add Strategy to encouracle creative reuse of existinQ commercial sites that are either empty or under utilized. · Include Strategy to address support of growing small businesses. Page 37 Environmental Protection · 7th Goal, rewrite to consider the value of scenic and historic vistas. · 2rid Goal, add Reevaluate floodplain manaaement ordinance. Page 39 Housing · Include reviewing Codes language. · 1st Goal, 6th Strategy, change monitor to eliminate. · 1st Goal, 5th Strategy, change to read "Fund proclrams that assist lower income households with housina which may include public housincl, and the rental assistance certificate and voucher proaram. · 1st Goal, delete for populations with. · Add/rewrite Strategy regarding senior citizens and alternative housing options .... and/or move to appropriate Qroup settin.Qs. · 1st Goal, 5th Strategy, change to read .... which mav include public housina, rental assistance certificate and voucher proerams and non-profit housincl initiatives. · 1st Goal, Strategy 6, change monitor to identify. Page 41 Land Use and Urban Pattern · 4th Goal, 3rd Strategy, change to Promote clrowth downtown consistent with the Near Southside Development Plan. · 6th Goal, 2nd Strategy, Promote a mix of housing styles within neighborhoods, including compatible infill development, throuclh nei.Qhborhood conservation districts and other measures. Joint City Council and P&Z Commission November 19, 1997 Page 3 Page 45 Public Safety · 1st Goal, 1st Strategy, delete DARE. · Include Goal or Strategy relating to Police crime prevention. · 4th Goal, add and coordinate closeIv with other ~overnment a(~encies · 1st Goal, Strategy #2, add other citv departments and other a(~encies, includinc~ the University. · 7th Goal, delete future. Page 47 Social Services · 3rd Goal, 3rd Strategy, include Human Rights statement under Human' Development section. · 4th Goal, 1st Strategy, include statement regarding working with Johnson County. · Standardize "Goals" language (change first word to a verb). Page 49 Transportation · 2nd Goal, 3rd Strategy, add where appropriate. · Add Goal/Strategy Su;);~ort efforts to secure Amtrak rail service in the central iowa corridor. · 3rd Goal, Strate(~ies 1 - continue a(~3ressive marketinQ camDaic~n; 2 - create innovative wavs to increase ridershiD. · Vision Statement, revise second sentence to read, 'q'his is a system which will accommodate all forms of mobilitv in the community." GENERAL DISCUSSION Reel 97-159, Side 2 Council tentatively scheduled Comprehensive Plan discussion December 8 at 6:30 p.m. Senior Planner Miklo distributed copies of the July 1997 South District Plan. Meeting adjourned: 7:30 p.m. clerk/min/1119-jnt.doc City of Iowa City MEMORANDUM DATE: TO: FROM: RE: December 4, 1997 Mayor and City Council Marian K. Karr, City Clerk Board and Commission Application A change has been made to the sheet attached to all Board and Commission application listing Council Members addresses and phone numbers. As you may recall that sheet encouraged applicants to contact Council prior to their appointment. At your request, the sheet has been revised to indicate when Council will receive the application and encouraging them to contract you after that time. I understand that further revisions to the application may occur after the first of the year. The City Council receives your application the Saturday prior to the appointment. We encourage you to contact Council Members after Saturday, Connie Champion 430 S. Summit St. 52240 Home: 337-6608 Work: 338-2210 District B 1/2/02 Karen Kubby At-Large 1/2/00 728 2nd Ave. 52245 Home: 338-1321 (office hrs. lower lobby Sr. Center 4-6 p.m. Thursdays) (no phone) E-Mail: KKubby@blue.weeg.uiowa.edu Ernie Lehman 902 Wylde Green Rd. 52246 Home: 338-7741 Work: 337-2652 At-Large 1/2/02 Dee Norton 920 Ginter Ave. 52240 Home: 338-4577 E-Maih Denorton@blue.weeg.ui0wa.edu District A 1/2/00 Mike O'Donnell 901 W. Park Rd. 52246 Home: 354-8071 At-Large 1/2/02 Dean Thomberry 1202 Oakes Dr. 5224~5 Home: 337-5316 District C 1/2/00 Dee Vanderhoef 2403 Tudor Dr. 52245 Home: 351-6872 (prefer mornings) At-Large 1/2/00 *all Council Members have answering machines Applicants are also encouraged to contact Board/Commission members with questions. Please retain this page for your files. clerk\bd*comm.app January 1998 City of Iowa City MEMORANDUM Date: To: From: Re: December 5, 1997 Mayor and City Council Marian K. Karr, City Clerk Council Work Session, November 17, 1997 - 7 p.m. Council present: Novick, Baker, Kubby, Lehman, Norton, Thornberry, Vanderhoef. Staff present: Atkins, Helling, Karr, Dilkes, Franklin, Miklo, Schoon, Handsaker, Mitchell, Trueblood, Yucuis. Tapes: Reel 97-156, all; Reel 97-157, Side 1. REVIEW ZONING MATTERS Reel 97-156, Side I Planning and Community Development Director Franklin presented the following Planning and Zoning items: SETTING A PUBLIC HEARING FOR DECEMBER 9 ON A RESOLUTION APPROVING THE ANNEXATION OF A 2.59 ACRE TRACT LOCATED AT 4575 HIGHWAY 6 SE. (MOOSE/ANN97-0003) B. SETTING A PUBLIC HEARING FOR DECEMBER 9 ON AN ORDINANCE AMENDING THE ZONING CHAPTER BY CHANGING THE ZONING DESIGNATION FOR A FIVE ACRE TRACT LOCATED AT 4575 HIGHWAY 6 SE FROM COUNTY RURAL (A1) (2.59 ACRES) AND RURAL RESIDENTIAL (RR-1) (2.41 ACRES) TO RM-20, MEDIUM DENSITY MULTI- FAMILY RESIDENTIAL. (MOOSE/REZ97-0017) C. SETTING A PUBLIC HEARING FOR DECEMBER 9 ON AN ORDINANCE AMENDING THE ZONING CHAPTER BY AMENDING TITLE 14, CHAPTER 6, "ZONINGs" ARTICLE B, "ZONING DEFINITIONS," SECTION 2, BY CHANGING THE DEFINITION OF TRANSIENT HOUSING TO INCREASE THE NUMBER OF DAYS PERSONS ARE ABLE TO STAY AS TEMPORARY RESIDENTS. D. PUBLIC HEARING ON THE COMPREHENSIVE PLAN, INCLUDING THE SOUTH DISTRICT PLAN. (continued from October 21 and November 11) Franklin recommended that council continue the public hearing to December 9th because of the scheduled meeting with the Planning and Zoning Commission on November 19. Franklin noted that council will receive correspondence from Southgate Development asking the city to not rezone the Gilbert Street Corridor to CC-2. Council Work Session November 17, 1997 Page 2 RESOLUTION APPROVING THE ANNEXATION OF A 2.81 ACRE TRACT LOCATED SOUTHEAST OF THE INTERSECTION OF IOWA HIGHWAY I AND NAPLES AVENUE. (MILLER/ANN97-0002) Fo PUBLIC HEARING AND ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF A 2.81 ACRE TRACT, LOCATED SOUTHEAST OF THE INTERSECTION OF IOWA HIGHWAY 1 AND NAPLES AVENUE, FROM COUNTY CP-1, PLANNED COMMERCIAL, TO C1-1, INTENSIVE COMMERCIAL. (MILLER/REZ97-0014) G. ORDINANCE AMENDING THE APPROVED SENSITIVE AREAS DEVELOPMENT PLAN FOR WALDEN HILLS TO ALLOW THE DEVELOPMENT OF 120 DWELLING UNITS ON LOT 53. CONTAINING 8.66 ACRES AND LOCATED WITHIN THE OSA-8, SENSITIVE AREAS OVERLAY ZONE AT THE NORTHWEST CORNER OF ROHRET ROAD AND SHANNON DRIVE. (REZ97-0016) (FIRST CONSIDERATION) H. ORDINANCE AMENDING THE ZONING ORDINANCE BY CHANGING THE USE REGULATIONS OF A 0.87 ACRE TRACT, LOCATED ON THE EAST SIDE OF WEST SIDE DRIVE AND SOUTH OF EARL ROAD, FROM RM-12, LOW DENSITY MULTI- FAMILY RESIDENTIAL AND C1-1, INTENSIVE COMMERCIAL, TO CO-1, COMMERCIAL OFFICE. (REZ97-0004) ('FIRST CONSIDERATION) DOWNTOWN STREETSCAPE PLAN Reel 97-156, Side I Bob Kost, representing BRW Consultants, presented the preliminary design of the Downtown Streetscape Plan. DEER MANAGEMENT UPDATE Reel 97-156, Side 2 Administrative Assistant Handsaker presented a deer management update. Council directed Handsaker to proceed with plans to utilize the USDA sharpshooters for deer reduction. Staff Action: Petition and brief submitted to Department of Natural Resources week of December I (Handsaker). AIRPORT COMMERCIAL ARENPROJECT COMMITTEES (IP1 of 11/14 Packet) Reel 97-156, Side 2 City Manager Atkins proposed forming a technical advisory committee and a policy committee. A council majority appointed Dee Norton and Ernie Lehman to represent City Council on the Policy Committee. Atkins noted that Dick Blum and Rick Mascari will present the Airport Commission. Staff Action: Staff to schedule meeting (Atkins). CEMETERY UPDATE Reel 97-156, Side 2 Parks and Recreation Director Trueblood presented Oakland Cemetery Master Expansion Plan update. City Attorney Dilkes responded to council questions. Council Work Session November 17, 1997 Page 3 A council majority directed staff to proceed with the 10 Acre Concept with dedication of 30 acres as parkland. Staff Action: Staff will follow up (Trueblood). LOW INCOME POLICY (IP2 of 11/14 Packet) Reel 97-157, Side 1 Finance Director Yucuis presented Discount Program for water, wastewater and solid waste/recycling information. A council majority directed Yucuis to prepare information applying 60% minimum charge to the Discount Program. Staff Action: Scheduled for December 16 Council meeting (Yucuis). COUNCIL AGENDA/TIME Reel 97-157, Side I Vanderhoef informed council members that the County is working with a Wisconsin computer firm to prepare SEATS reports and will provide information to the City in 2-3 weeks. 2. In response to Kubby, City Manager Atkins stated he will provide current snow removal policy information to council. 3. (IP6 11/14). Kubby stated council received Atkins' memo Police Beat Confiauration/ Downtown Beat and questioned the report in relationship to last year's budget request. Atkins explained it is a reconfiguration of the beats whereby the downtown actually is identified as a specific smaller downtown beat. Thornberry explained that he discussed plaza safety issues on a University of Iowa radio program, including the idea to videotape inappropriate behavior on the plaza. In response to Vanderhoef, Atkins stated he will follow-up on coordinating patrol of west of the downtown area with the University of Iowa. 5. In response to Novick, Norton stated he would be the designated council member to receive information from the Passenger Rail Coalition Adjourned: 9:25 p.m. clerldmin/1117-ws.doc ****VIA FAX AND U.S. MAIL**** December 2, 1997 Mr. Andre Gallet Terracon Consultants, Inc. P.O. Box H Cedar Rapids, IA 52408-0032 VIA FAX AT (319) 366-0032 CITY OF I0 WA CITY Re: The Cliffs Apartments, Iowa City, Iowa: Terracon Job No. 06975048.04 Dear Mr. Gallet: It is my understanding that the slope stabilization construction for the Cliffs Apartments in Iowa City, Iowa, for which you have been retained to provide oversight and reporting services, is nearly complete. As you know, pursuant to Order of the Iowa District Court in and for Johnson County, Iowa, this project is to be completed in its entirety by December 15, 1997, which date is a six-week extension from the previous completion date of November 1, 1997. As part of the oversight services on the approved project, Terracon is to provide a final construction report to the City of Iowa City to establish that the construction has progressed in accordance with the construction plans and other conditions placed on the project. This report must be provided to the City of Iowa City sufficiently in advance of the December 15, 1997 deadline to allow review and field verification by appropriate City staff prior to the deadline. As I am sure you are aware, this project has been the subject of considerable efforts on both the part of the City of Iowa City and the property owners to address the safety issues associated with stabilizing the slope, and this project's progress is being watched closely by a number of interested persons. Further, the December 15, 1997 completion date is quickly approaching, and City staff must be prepared to certify the proper completion of the project on that date. Thus, receipt of your report in the very near future is extremely important, as the likelihood of further deadline extensions is nonexistent. I look forward to receiving a copy of your report in the very near future. Thank you for your prompt attention to this matter. Sin. Qca~oly io.03zr~, /:~ / /'~ ~-~ -S.a r.~~A s [,~?a~ne; ~C [ty~Att o r n~y~ CC: Steve Atkins, City Manager Karin Franklin, PCD Director Bob Miklo, Senior Planner Rick Fosse, City Engineer Ron Boose, HIS Julie Tallman, HIS Kitsten Frey, Attorney for Cliffs 410 EAST WASHINGTON STREET · IOWA CITY, IOWA $2240-1826 · (319) 356-5000 · FAX (319) 356-5009 City of Iowa City MEMORANDUM Date: December 4, 1997 To: The Honorable Mayor Naomi Novick and Members of the City Council From: Dennis Mitchell, Assistant City Attorney ~ Re: Deer Management Update The Petition to allow Iowa City to implement a deer management plan which provides for sharpshooting and lxap and kill as methods of lethal reduction was sent to the Government Liaison Bureau of the Department of Natural Resources on Monday, December 1, 1997. A Brief in support of the Petition was also enclosed. Copies of the Petition and Brief, which include the exhibits, are available in the City Clerk's office. The Natural Resources Commission has sixty (60) days fi'om the date the Petition was filed to either deny the Petition or to begin rule-making proceedings. I have requested an informal meeting pursuant to administrative rules to address any questions or concerns that they or the DNR may have. If you have questions, please do not hesitate to give me a call. Cc: Eleanor Dilkes, City Attorney Sarah Holecek, First Assistant City Attorney Steve Atkins, City Manager Marian Karr, City Clerk Lisa Handsaker, Administrative Assistant Misha Goodman-Herbst, Animal Shelter Supervisor R. J. Winkelhake, Chief of Police Lt. Ron Fort, Police Department NATbT, AL RESOURCES CONEMISSION Petition by the City of Iowa City ) ) for the Adoption of Rules Relating ) ) to Deer Population Management for ) ) Iowa City, Iowa. ) PETITION FOR RULE MAKING COMES NOW the City of Iowa City and hereby states as follows: 1. Rule-Making Action Sought by Petitioner The City of Iowa City hereby requests that a Special Deer Population Management Unit be established for Iowa City, Iowa pursuant to Iowa Administrative Code r. 571-105. Specifically, Iowa City requests that the following conditions be adopted as part of the special deer management ao bo Co do The Iowa City Deer Population Management Unit shall be defined as public and private land within the city limits of Iowa City as designated by the City Council of Iowa City. The Department of Natural Resources shall establish the number of deer which may be removed by means of lethal reduction within the unit each fall/winter. October 1~t through March 1~ of each fall/winter is the season open for the lethal reduction of the deer population within the unit. The following methods may be used to reduce the deer population within the trait: 1) Sharpshooting. The City Council of Iowa City may provide for the use of rifles, no larger than 10 gauge, to reduce the deer population. Bait, lights and tree stands may used as part of sharpshooting. The City Council shall adopt rules and regulations to govern the use of sharpshooting. 2) Bait and Traps. The City Council of Iowa City may provide for the use of bait and traps to reduce the deer population, provided that the deer which are caught are killed rather than relocated to another area. -2- The City Council of Iowa City shall designate the areas within the unit, as well as dates and times between October 1s~ and March 1s~ each fall/winter, that the deer population may be reduced through the use of sharpshooting. The City Council of Iowa City shall designate the areas within the unit, as well as dates and times between October 1*~ and March 1st each fall/winter, that the deer population may be reduced through the use of bait and traps. Deer hunting licenses and tags shall not be required for deer which are killed by sharpshooting or bait and trap methods during the open season within the unit. 2. Citations to Relevant Law. The State of Iowa has jurisdiction over deer pursuant to IOWA CODE § 481A.2 (1997). · IOWA CODE § 455A.5(6) (1997) delegates to the Natural Resource Commission the responsibility for establishing policy and adopting rules necessary to provide for the effective administration of, among other things, Iowa Code Chapter 481A (Wildlife Conservation). · IOWA CODE § 481A.38 (1997) provides, in part: It is unlawful for a person to take, pursue, kill, trap or ensnare, buy, sell, possess, transport, or attempt to so take, pursue, kill, trap or ensnare, buy, sell, possess, or transport any game... except upon the terms, conditions, limitations, and restrictions set forth herein, and administrative rules necessary to carry out the purposes set out in section 481A.39, or as provided by the Code. 1) The commission may upon its own motion and after an investigation, alter, limit, or restrict the methods or means employed and the instruments or equipment used in taking wild mammals... if the investigation reveals that the action would be desirable or beneficial in pwmoting the interests of conservation · IOWA CODE § 481A.39 (1997) provides: The commission is designated the sole agency to determine the facts as to whether biological balance does or does not exist. The commission shall, by administrative role, extend, shorten, open, or close seasons and set, increase, or reduce catch limits, bag limits, size limits, possession limits, or territorial limitations or further regulate taking conditions in accordance with sound fish and wildlife management principles. (emphasis supplied). -3- IOWA CODE § 481 A.48 (1997) provides, in part: No person, except as otherwise provided by law, shall willfully disturb, pursue, shoot, kill, take or attempt to take or have in possession any of the following game birds or animals except within the open season established by the commission:... deer. The seasons, bag limits, possession limits and locality shall be established by the department or commission under the authority of sections 456A. 24, 481A.38, and 481A.39. · IOWA ADMINISTRATIVE CODE r. 571-105 sets forth the Deer Population Management Areas previously approved by the Commission. · IOWA ADMINISTRATIVE CODE r. 571-106 sets forth the current administrative rules adopted by the Commission for deer hunting. The following rules are relevant to the City's 571-106.1: Requires every hunter to have a valid deer license. 571-106.2: Sets forth the season dates during which deer may be taken. 571-106.3: Sets forth legal shooting hours. 571-106.4: Sets forth the daily bag limits for deer. 571-106.7: Lists permitted weapons and devices which may be used to take deer. Guns are limited to 10-, 12-, 16, and 20- gauge shotguns, shooting single slugs only, and flintlock or percussion cap lock muzzleloaded rifles or muskets of not less than .44 nor larger than .775 caliber, shooting single projectiles only. The use of rifles, other than m-~.leloaded, is prohibited. The use of bait is also prohibited. request: The administrative rules set out above necessitate that a special deer management unit be established for Iowa City in order for Iowa City to use sharpshooting and bait and trap as methods to manage the deer population. Brief Summary of Petitioner's Arguments in Support of the Action Requested. In late 1996, the City 0fIowa City contacted the Department of Natural Resources ("DNR") regarding problems Iowa Citians were experiencing with deer. The DNR recommended that a citizen task force be convened to determine if there was an overpopulation of deer. If Iowa City did have an overpopulation problem, the task force would then review killing options. The DNR emphasized the necessity of devising a proposal that was acceptable to the community. -4- The citizen task force and local DNR officers agreed that Iowa City has a deer overpopulation problem and that the number of deer need to be reduced in certain areas of Iowa City. See attached Exhibit "A." The task force studied methods of lethal reduction in painstaking detail, including the use of bow and arrow hunting, trap and kill, and sharpshooting. After thoroughly reviewing the options, the task force unanimously recommended sharpshooting and trap 'and kill as methods of reduction for Iowa City for the fall/winter 1997-98. See attached Exhibit "B." It was the task foree's conclusion that these methods would most quickly,.humanely, efficiently, and safely reduce the deer overpopulation problem. The task force also recommended that it be reconvened in the spring of 1998 to assess the effectiveness of the plan and to make recommendations for deer management for the fall/winter 1998-99. The City Council adopted the task force's recommendations. See attached Exhibit "C." The Commission has been delegated the power to promulgate rules for deer management. Iow^ COI~E §§ 455A.5(6), 481A.38, 481A.39, 481A.48 (1997). The Commission has thus far limited urban deer management to bow and arrow hunting. However, Iowa Citians have determined that the best methods of deer reduction to meet the particular needs of Iowa City are sharpshooting and trap and kill. Although bow and arrow hunting may be an effective method to maintain the deer population or reduce it over a prolonged period of time, by the DNR's own count Iowa City needs to reduce its deer population by 176 deer (including 109 does) each year for the next three years. See attached Exhibit "A." Rising numbers of motor vehicle/deer collisions, as well as increasing property damage, necessitate that these numbers of deer be removed quickly. See attached Exhibit "D." Sharpshooting has been proven in neighboring states such as Minnesota and Illinois as a safe, effective and humane method to quickly reduce the deer population. See attached Exhibit "E." Iowa Citians decided that sharpshooting and trap and kill are the best methods for reducing the deer population in Iowa City. Petitioner respectfully requests that Iowa City be given the ability to implement these methods. 4. Brief Summary of Supporting Data. · "Projected Number of Deer to be Removed," by Willie Suchy, IDNR Wildlife biologist. See attached Exhibit "A." · Iowa City/Coralville Winter 1997/1998 Deer Management Plan. See attached Exhibit · Resolution Establishing the City of Iowa City's Winter 1997/98 Deer Management Plan. See attached Exhibit "C." · Memorandum fi'om Sergeant J. Steffen, Iowa City Police Department, regarding Car/Deer Accidents in Iowa City. See attached Exhibit "D." · "Police Sharpshooting As A Method To Reduce Urban Deer Populations," by Stradtmarm, McAninch, Wiggets and Parker. This articles documents the results of sharpshooting by the City of Bloomington, Minnesota. See attached Exhibit "E." · Deer Population Control Permit rules adopted by the Illinois Department of Conservation. See attached Exhibit "F." · Sharpshooting Qualification/Testing Procedures adopted by the Illinois Department of Conservation. See attached Exhibit "G." · A sample Deer Population Control Permit issued by the Illinois Depmunent of Conservation. See attached Exhibit "H." -6- 5. Persons Affected by the Proposed Rulemaking. The citizens of Iowa City, Iowa. The City Council of Iowa City held a public hearing prior to adopting the recommendations of the citizen task force. 6. Request for Meeting Provided by Rule X.4(17A). The City of Iowa City hereby requests an informal meeting pursuant to Rule X.4(17A). 7. Contact Person. Communications concerning the Petition should be directed to the undersigned at the address and telephone number listed below. Respectfully submitted, Dennis J. Mitchell 000014867 Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 (319) 356-5030 (319) 356-5008 FAX ATTORNEY FOR PETITIONER EXHIBIT Projected Number of Deer to be Removed "All Table 1. SlmuJalcd deer nmnbcrs for zon~ 4 and $ in Iowa City. 8imuIationa usa bamc aurvival and r~roductivc rate~ and th~ r~ of 2~ do~ e, ach yatr fur 3 yc~ e~l ~o rmovlb ~r 3 )~trs. Port.winter Numbers Deer Removed 19~ 47 - 31 78 25 35% 1998 41 .13% 30 -3% 71 -~ 2~ 38% ! 999 27 -34% 26 -13% 53 -2~% 2~ 48% 20~ 10 ~3% 17 -3~% 27 ~9% 0 0% 2001 14 4~ 19 12% 33 ~ 0 0% 20~ 20 43% 22 16%. 42 ~ 0 0% 2~3 28 ~ 28 ~% S6 33% Table 2. 1%o number of da~ tbst would room to be romoved ht etch of m koep the mhce dmnhted iMpuh,4ons to less ~btn 30 / m. ure mlle. P~minsula Narth ofl~O ~ Total Man~A, un~t De~r Sighted Dtst~c~ in 1997 2a3 69 3S (:22) 4&5 78 40 (25) Deer (does) to b~ mnoved ? 65 32 (20) (lO9) r76 0o ) 1';6 (1o9) 18-16-1997 Appendix Z. Aosuml:)ti. ons used in 8imul&tions. 1. Annual $urviv-dl ral:es Doe £awns - 73% Does (1.$+) - 93% · Buck ~auns - 73% Buck8 {1.5+)- 88% 2. ~ctive rates Doe fawns - 0.95 fawns/doe Does (1.5+) - 1.83 fawns/doe 3. ~s - Baseline simulation has no removals 4. Em/grutlon · 25% of doe fawns emigrate from area 42% of buck faMns emigrate from area 5. No densitTdopondent changes in any rates. 6. All z'emovals would, bo additive ~.o normal mortality 7 .¢2<203 "i{ !,/< "' I ¸"9 EXHIBIT "B" Iowa City/Coralville ~X~inter 1997/1998 Deer ~anagement Plan COMMITTEE MEMBERS Jan Ashman Charlie Duffy Pat Farrant Loren Forbes Ron Fort Dave Froschauer Misha Goodman-Herbst Lisa Handsaker Steve Henddx Doug Jones Scott Larson Bud Louis Judy Rhodes Nancy Seiberling DEPARTMENT OF NATURAL RESOURCE ADVISORS Tim Don' " -' :' .: Willy Suchy Tim Thompson Joe Wilkinson The 1997 Iowa City/Coralville Deer Management Committee would like to thank the City Council of Iowa City for appointing a group of individuals with a wide array of views concerning management of deer, the Department of Natural Resource advisors who patiently assisted us with our process, and the citizens who provided valuable feedback. Contact: City Manager's Office, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5010 Wimer 199711998 Deer Management Plan 2 10/17/97. INTRODUCTORY STATEMENT -"'e ~99,-' !owa City/Coralville Deer Management Committee has determined that deer management ,v~thm the corporate limits is a necessary duty of the City to ensure that the health of the herd is maintained and that plant and other animal life which make up the ecosystems of the natural areas in '.he City are not irreparably damaged or destroyed, and to ensure the safety and welfare of the inhabitants of the City and prevent major damage to their property by deer. The Committee recognizes that deer management is an ongoing process which must be continued from year to year. The City., must establish sound methods for gathering information and evaluating its efforts. The Committe~ affirms the value of the presence of deer as a natural resource within the City limits and encourages individuals to become better educated to ways of living with deer. It is also clear that the size of the herd in numerous parts of the community is reaching levels which endanger the lives of the inhabitants (from deer/vehicles accidents), increases the destruction of plantings in people's yards, and ultimately disrupts the ecosystem in the area. After careful review of management issues, the Committee sees no viable option but to kill members of the herd to reduce their numbers to a level which is tolerable to the community. HISTORY Citizen complaints to the City of Iowa City regarding deer have increased markedly over the last couple of years. In response, the City Council directed staff to investigate how to approach deer management. City staff contacted local Department of Natural Resource representatives who advised a helicopter count be performed to determine deer population within the urban areas of Iowa City/Coralville. POPULATION COUNT On January 31, 1997, Tim Thompson (Iowa Department of Natural Resources) and Ron Fort (Iowa City Police Department) performed a helicopter count of the Iowa City/Coralville area. The following conditions existed: temperature 45 degrees F, wind 15 to 30 mph SVV, sky clear and sunny, snow cover 5 inches and melting. A total of 538 deer were viewed and counted. FORMATION OF THE DEER MANAGEMENT COMMITTEE After review of the helicopter count results, the Iowa City City Council acted upon the recommendation from the DNR that a task force be assembled consisting of a wide range of representation. Council appointed members from the following factions: City of Iowa City staff, Iowa City/Coralville Animal Shelter, Iowa City Police Department, Project Green, resident living in area heavily populated with deer, resident living in area not heavily populated with deer, animal rights, Johnson County Humane Society, science/nature/biology, Iowa Wildlife Federation, City of Coralville, resident of Coralville, and Johnson County Board of Supervisors. COMMITTEE DISCUSSION / INVESTIGATION The Deer Management Committee first convened on May 1, 1997. The group generally met every two weeks. First meetings consisted of the DNR relaying information regarding deer habits, habitat, and ~reeding patterns, along with knowledge gained from similar task force groups from other cities in Iowa, Illinois, and Minnesota. The Committee agreed upon definitions for "cultural carrying capacity," ~biological carrying capacity," and "ecological carrying capacity." They also discussed and agreed upon a definition of "humane" as it pertains to the killing of deer. The Iowa City/Coralville Committee appointed subcommittees to review information on living with deer and on reducing the size of herds as a management technique. Winter 1997/1998 Deer Management Plan 3 10117/97. REVIEW OF OPTIONS The Committee established that there is plenty of information available for dissemination to educate the community about living with deer. There are also numerous vehicles for disseminating the information including brochures, City News inserts, public panel discussions, and television access. The more difficult task was to determine acceptable methods for herd reduction. The following options were considered in detail: Do Nothing This is the default option, however it does not involve preserving the status quo. Iowa's deer herd was almost exterminated 100 years ago; only in the last few decades have the numbers begun to grow rapidly; humans have yet to feel the full impact of deer in the distinctly unnatural habitat provided by our urban fdnge areas. Is it humane? This depends on the deer and human populations. When both are high, deer interactions with people are more likely to cause the deer to panic and injure themselves, sometimes fatally. It is hard to judge this to be humane. When deer populations approach the single-species biological carrying capacity of the habitat, probably well in excess of 100 deer per square mile in Iowa, epidemic disease among deer becomes a sedous threat. This does not appear to be humane. An adequately fed deer herd will have an annual birth rate of 50 to 90 fawns per hundred deer. In the steady state, the death rate will match this. In an urban area with no natural predation, the question must be asked if accidents (mostly deer/vehicle collisions) and disease are humane. The Committee-recognized that outdght starvation is unlikely in the Iowa City/Coralville community. Is it safe? Deer-vehicle collisions are not safe, but are becoming a familiar dsk. The use of deer reflectors (costing over $8,000 per mile) along roads appears to be useful in reducing the rate of nighttime deer/vehicle collisions. Although results with' the use of reflectors may vary, accidents involving deer in the area of Dubuque Street in Iowa City equipped with reflectors has decreased by 98%. Is it effective? No. The deer population will eventually reach an equilibrium at very high numbers. Under stress, deer fertility declines and infant mortality increases until eventually, they balance. The ultimate deer population density for our area will most likely exceed the highest densities currently found in any part of Iowa City, approximately 5 to 10 times the population densities recommended for our area. What does it cost? Wildlife carcass removal within the City is the City's responsibility; costs (staff time, vehicle use, equipment, etc.) are between $110 and $150 per deer carcass. Costs to property owners for fencing and other control measures should not be ignored, nor should costs associated with damage to landscaping. In addition, high deer populations are likely to severely reduce the habitat available to other wildlife that is currently found within Iowa City. Winter 199711998 Deer Management Plan 4 10/17/97 Is rt legalO Yes. Committee Conclusion The Committee does not believe "do nothing" is an option for the Iowa City/CoraMIle community as the conflict between humans/deer and ecosystem/deer will continue to increase as deer population grows. Contraception The Committee assumed the use of hormone injections or immunocontraceptives (porcine zona pellucida [PZP]): both methods have been proven to be effective on captive deer. Implantable lifetime contraceptives, and oral contraceptives that could be administered by means of drugged bait are research subjects. Surgical sterilization is, in theory, an option, but it is extremely expensive. Is it humane? Injections by drugged dart have been used on a wide vadety of wildlife and appear to cause only bdef discomfort. The contraceptives that have been tested lengthen the doe's breeding season by up to two months, leading to an extended rutting season. In our cold northern winters, this could lead to increased mortality among males. Occasional contraceptive failures lead to late summer births; late-bom fawns rarely survive the winter. The Humane Society of the United States (HSUS) is currently sponsoring at least eight test projects nationwide and has received inquires from over 150 communities and groups. The use of contraception, if it could be effective and safe, is potentially the most humane way to control herd size. Is it safe? Any drug injected in free-ranging animals that are subject to hunting and later human consumption poses safety questions. Thes~ questions have not been answered for the birth control drugs under consideration, although there is good reason to believe that PZP poses minimal risks. Is it effective? Simulation studies done for the deer herd at Kent Park suggest that 60% of the does in a herd must receive effective contraceptives in order to stabilize that herd, assuming that hunting pressures outside the park remain unchanged. Herd reduction requires even greater coverage. The most widely used drugs must be administered to each doe twice per season, although single-dose methods are being studied. Controlled doses require record keeping for each deer, something that is impossible in free-ranging herds. What does it cost? A veterinarian who is an expert marksman is typically required if drugs are to be injected into deer using darts fired from a shotgun. Typically, a bait station is established and the veterinarian shoots from a blind or stand of some kind. Thus, the costs will be comparable to sharpshooting over bait, plus the costs of drugs and record keeping. Costs would double if two doses per doe must be administered. Is it legal? Because of drug safety issues, FDA approval has yet to be given for general use of immunocontraceptives on free-ranging deer. Winter 199711998 Deer Management Plan 5 10117/97 Committee Conclusion The Committee believes participation in a study is worth pursuing and have been in contact '~th HSUS deer specialist Allen Rutberg. When available, contraception would be the oreferred method of stabilizing the deer population in the Iowa City/Ooralville community. Trap and Relocate The Committee assumed the use of a box trap; the cost of trapping with dart guns and drugs is largely comparable the cost of sharpshooting. Is it humane? A propedy constructed trap is unlikely to injure the deer. If the trap is checked with sufficient frequency, the trapped animal is unlikely to suffer significant trauma from the stay in the trap. To minimize trauma in transport, trapped animals must not be held for long pdor to transport. Even with prompt transport, experience with trap and relocate methods suggests that a 4% mortality rate is to be expected dudng transport, 26% delayed mortality due to stress induced by the experience, and between 58% and 85% mortality in the following months. In sum, while well-intentioned, it is difficult to describe relocation of deer as humane; for this reason, the HSUS opposes trapping and relocation of deer. . Is it safe? Properly managed box traps pose very little dsk to people. Is it effective? Yes, assuming that an appropriate release site can be located. This is not easy, as few sites in the Midwest have the combination of adequate habitat, low deer population and willing human stewards that this method requires. This method is selective; if only does are to be relocated, bucks caught in a trap may be easily released. What does it cost? The cost depends on trap placement and deer population. Frequency of trap monitoring and other duties the monitors may have adds uncertainty. North Oaks, Minnesota reports a cost per deer capture of $131. Urban trapping for live release has been reported to cost between $113 and $800 in Wisconsin and Long Island, respectively; total costs including transport have been reported in the $300 to $1,000 range. Frequent tdps with small numbers of deer are more humane but more expensive. Is it legal? Currently, the Iowa DNR does not recommend this method for deer, but it is routinely used for dealing with waterfowl and small animals. Committee Conclusion The Committee does not view trap and relocate as an option due to the high mortality rate and the unavailability of areas to relocate deer. Winter 199711998 Deer Management Plan 6 10/17/97 Bow Hunting Suggested regulations for bow hunting in urban areas assume that the hunter shoots from a f'LXed stand, waiting there until the deer comes to the hunter. Stalking or driving deer is not recommended. While the use of elevated stands is common, it is not required. The Committee assumed the imposition of strict hunter education and certification standards such as have been adopted in Watedoo in addition to similar regulations governing hunter behavior. These have a demonstrated track record of directly addressing some of the more severe criticisms of the humanehess and effectiveness of bow hunting. Without these, the Committee's judgment of bow hunting would be harsher. Some Committee members reject bow hunting under any circumstance. Is it humane? Bow hunting rarely leads to instantaneous death. Estimates by hunters indicate that bow hunting cdpples more animals than gun hunting. ^ crippling injury is defined as one which does not kill, and after which the hunter fails to find and kill the injured animal. The Watedoo experience suggests a significant degree of success. Recent studies appear to confirm the notion that crippling rates from bow hunting in relatively cramped settings such as are encountered in fringe area urban deer management are indeed lower than the crippling rates reported for bow hunting in general. All studies the Committee reviewed were conducted by bow-hunting advocacy groups or funded by archery-related industries. Is it safe? Safe bow hunting requires open spaces, on the order of 8 to 10 acres per hunter, a requirement that precludes bow hunting in developed areas, even where lot sizes are large by urban standards. A hunter shooting from the center of a square 8 acre parcel will be 100 yards from any point on the perimeter, typically, the hunter will not shoot at targets over 25 yards away. The additional 75 yards make it likely that any deer that are killed will die before leaving the area. State of Iowa Code #481^.124 requires the consent of the owner of the property on which a hunter hunts and the consent of the owner or tenant of any inhabited structure within 200 yards. It is not obvious that this applies to bow hunting (the law refers to discharging firearms or shooting game), but Waterloo's bow-hunting regulations have adopted this 200 yard figure and in addition prohibit hunting from a stand nearer than 25 yards to a public trail. Is it effective? Yes, assuming that sufficient numbers of hunters are willing to comply with the additional regulations governing hunting in the city. Bow hunting is moderately selective. The hunting season is before the bucks shed their antlers, so gender is fairly easy to determine. Hunting traditions place a high value on killing older bucks - the so-called trophy bucks with large and many-branched antlers. This is of little use if population control is the goal. If bow hunting is to be used as an effective component of a population control plan, hunters must be induced to kill does. Winter 1997/1998 Deer Management Plan 7 10117/97 - What does it cost? The costs of a DRN-administered hunt are largely bome by the individual hunters who, through license fees, pay for the cost of regulating the hunt. These costs are partially offset by the value of the meat taken. DNR generally relies on individual hunters to police other hunters. If the City were to administer its ow~ archery reduction program, the Committee assumed the City would put into place strict administration and law enforcement policing of hunter activity due to the urban setting. Is it legal? Yes, currently bow hunting is the only method of urban deer population control allowed by the Iowa DNR. Bow hunting may indeed be legal within undeveloped areas in Iowa City, and there is evidence that some areas within the City limits are hunted faidy intensively. Bow hunting has had only minimal effect on the rate of deer population growth because hunters generally hunt only bucks, unless specific hunting regulations force the hunting of does. Committee Conclusion The Committee does not recommend bow hunting as an option for Iowa City for reasons related both to humane concerns and issues of hunt control..The Committee also concluded that the main reason to chose bow and arrow hunting over sharpshooting would be to provide a recreational activity or sport for hunters. The Committee does not regard this as a goal of deer management within the Iowa City/CoraMIle urban area. Trap and Kill The Committee assumes the use of a baited box trap or modified clover trap. Trapping is typically done in mid to late winter. The Committee assumed that trapped animals will be killed by a gunshot to the head. Deer meat acquired by this method of slaughter is suitable for human consumption. Is it humane? A propedy constructed trap is unlikely to injure the deer, and if the trap is checked with sufficient frequency, the trapped animal is unlikely to suffer significant trauma from the stay in the trap. The killing methods assumed are instantaneous and therefore humane. Is it safe? Propedy managed box traps pose very little dsk to people. This method is the only lethal method of deer population control safe enough to use in fully developed urban settings. Is it effective? Yes, although the experience in North Oaks and Minnetonka, Minnesota suggests that it may not be sufficient, by itself, to control a large herd. As with trapping and relocation, this method is selective. Deer may be released if they are not of the desired age and sex. What does it cost? The cost per deer trapped depends on trap placement, deer population, and weather conditions. The frequency of trap monitoring and the possibility that those who monitor the Winter 1997/1998 Deer Management Plan 8 10/17/97 traps may have other duties between wsits to the trap adds complexity. North Oaks, Minnesota reports a cost per deer capture of $131. The cost of carcass disposal or butchenng must be considered; the Ruzickas Locker in Solon has agreed to charge $35 to gnnd process a non-field dressed deer to 5-pound packages. Minnetonka, Minnesota has reported total costs of $209-$214 per deer, including meat processing. Is it legal? Currently, the Iowa DNR does not allow this method. Committee Conclusion The Committee recommends trap and kill as an option to supplement sharpshooting over bait in areas where sharpshooting is not feasible. Sharpshoofing The Committee assumed the use of trained sharpshooters, most likely law enforcement officers, shooting high-powered rifles over bait from a blind or other set position at night with the use of spotlights, typically in mid to late winter so the deer are hungry and easily attracted by bait. The bait must be approximately 50 yards from the sharpshooter to allow accurate shooting without the deer sensing a human presence. Deer meat taken this way is suitable for human consumption. Sharpshooters who have been involved in such work report that it is extremely unpleasant with none of the elements of hunting, and no sense of sportsmanship or of giving the deer a fair chance. Is it humane? A high-powered rifle can cause instantaneous death; from the point of view of the individual deer, no method of killing is more humane. Of all weapons for killing at a distance, high- powered rifles are the least likely to inflict an inhumane wound, one that cdpples or kills slowly. The likelihood of such injuries is reduced even more by using trained sharpshooters and a bait station to attract and hold deer for the kill. Is it safe? The safety of this method depends on the range selected, as defined by the location of the bait station and shooting station. The safest ranges are those that position the shooter and bait so that bullets are directed into the ground. Safe ranges are unlikely to be available in built-up areas. Is it effective? Assuming that there is an appropriate range, yes. This is the method of choice for urban deer population control in Illinois and in some Minnesota and Wisconsin communities. Deer age and sex can be hard to determine at a distance at night, particularly in the winter after the antlers have been shed. Other communities utilizing sharpshooting, however, have determined sex selection to not be a prohibiting factor. Studies have shown, and DNR advisors concurred, that sharpshooting is more effective at reducing larger numbers of deer than bow and arrow hunting, the only currently allowed method in Iowa. The DNR indicated a large percentage of the deer population must be eliminated from the Iowa City/Coralville herd the first few years. VVinter 1997/1998 Deer Management Plan 9 10117/97 What does rt cost? The cost per deer killed depends on many vanables but is dominated by the wage paid to the sharpshooters. Bloomington, Minnesota has reported average costs of $183-$194 per deer in 1993. Costs as high as $260 have been reported in the Chicago metro area. A report from Wisconsin estimates $74 per deer (excluding processing). The cost of carcass disposal or butchering must be considered; the Ruzickas Locker in Solon has agreed to charge $35 to gdnd process a non-field dressed deer to 5-pound packages. Local law enforcement officers who would be independently-contracted to shoot have expressed interest in charging a rate of $50 per deer rather than an houdy wage. Is it legal? This method involves night shooting, over bait, with lights and high-powered rifles. The Iowa DNR does not currently allow hunters to use any of these methods. The DNR must amend administrative policy in order to authorize sharpshooting for urban deer management. Committee Conclusion The Committee recommends sharpshooting as the most effective, efficient, and humane method for reducing the Iowa City/Coralville deer population. COMMITTEE DECISIONS MANAGEMENT DISTRICTS The Committee divided the Iowa City/Coralville community into twenty distinct Deer Management Districts. The districts were determined based on natural/man-made barriers along with the ability to implement management techniques in each District. CARRYING CAPACITY/RECOMMENDATIONS The Committee agreed to the following deer population carrying capacity and recommendations. 0-24 deer/square mile Recommend educational matedal on living with deer. A brochure should be designed to answer citizen questions and encourage an attitude of living with deer. A resource library of printed materials should be established so people would have easy access to information. The Committee also accumulated a large number of resources for City use. 25-34 deer/square mile Review on a complaint-by-complaint basis. Educational material may be recommended or reduction methods could be implemented depending on the management area, number of complaints, and/or types of damage. 35+ deer/square mile Reduction must be implemented. At this level, deer pose threat to the ecosystem. Timely announcements (utilizing City public information distribution methods such as City News, Government Channel 4 and media releases) advising the community on the approved plan and actual implementation information are necessary. Review of the twenty Deer Management Districts indicates that four warrant methods for educating citizens on 'living with deer' and seven warrant some killing of deer. Winter 1997/1998 Deer Management Plan 10 10/17/97 ' 1997/1998 DEER /vIANAGEt~4ENT PLAN It ~s the unanimous decision of the 1997 Iowa CityICoralville Deer Management Committee that the Iowa City City Souncil resolve that the City Manager is authonzed and directed to implement the Winter 1997/'1998 Deer Management Plan for the, that shall include the following elements: The City of Iowa City will develop a comprehensive educational program that will provide Iowa City residents with information on deer seasonal habits and guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be distributed with each new residents' packet and information broadcast regularly on Government Cable Channel 4. The City of Iowa City will organize public information meetings regarding the methods of deer management listed herein. The City of Iowa City will evaluate and, where appropriate, install or petition the State of Iowa or Johnson County to install on roadways under their jurisdiction, warning signs and/or reflectors that may reduce the likelihood of vehicle/deer accidents. In addition, to minimize deer/vehicle conflict, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. The City of Iowa City will actively work with the State of Iowa Department of Natural Resources to fully understand and strongly support their efforts to control the deer population for which that agency is responsible and which affects the health, safety, and welfare of Iowa City residents. The City of Iowa City will immediately apply for permits from the State of Iowa Department of Natural Resources to implement the plan to kill 109 does within the Iowa City corporate limits utilizing sharpshooting and trap and kill dudng the winter of 1997/1998. The specific areas for reduction are to be Management Districts 2, 3, 4, 5, 6, 7, and 15. A map defining'the Management Districts is attached. The City of Iowa City will fully comply with all rules and regulations promulgated by the Iowa Department of Natural Resources governing killing of deer, will exercise great caution and safety in implementing the program, will utilize the most humane methods available, and will ensure the deer meat is processed for distribution to agencies involved in feeding the hungry and the homeless. A program of public education about the management plan will be implemented to ensure that the public is aware of this activity and of safety measures. 6. The City of Iowa City will appropriate the sum of $15,000 to implement the Deer Management Plan outlined in this Resolution for the pedod through February 28, 1998. 7. The City of Iowa City will pursue a study in cooperation with the Humane Society of the United States of the feasibility of deer immunocontraception within its corporate limits. The City of Iowa City will compile data on deer management including but not limited to vehicle/deer accident information, citizen complaints, and an annual helicopter count. In addition, the City Council will convene a meeting of the Iowa City/Coralville Deer Management Committee in the Spring of 1998 to review and recommend options for the pedod of October 1, 1998, through March 1, 1999. The City of Iowa City will conduct an evaluation of the effectiveness of this Deer Management Plan at the City Council Formal Meeting no later than Apdl 30, 1998. A report will be filed with the State of Iowa Department of Natural Resources. Winter 199711998 Deer Management Plan 11 10117/97 GLOSSARY BIOLOGICAL CARRYING CAPACITY: Biological or single-species carrying capacity is the number of animals of a particular species that a given range can support. CULTURAL CARRYING CAPACITY: Number of animals of a particular species that can co-exist compatibly with human populations that have been encouraged to employ all non-lethal options to deter conflict with the animal population. ECOLOGICAL CARRYING CAPACITY: Number of animals of a particular species that a given range can support without that species ddving other species out of that range. HUMANE: Marked by compassion, kindness, mercy, and/or consideration for animals. MODIFIED CLOVER TRAP: A trap consisting of mesh sides and a metal frame used to detain an animal. STEPHENSON BOX TRAP: A trap of sturdy wood construction, 10' long, 4' wide, and 4' high, used to detain an animal. Winter 199711998 Deer Management Plan 12 10/17/97 · Prepared by: Lisa Handsaker, Admin. Asst., 410 E. Washington St., Iowa City, IA 52240(319) 356-5010 RESOLUTION NO. 97-367 CONSIDER A RESOLUTION ESTABLISHING THE CITY OF IOWA CITY'S WINTER 1997198 DEER MANAGEMENT PLAN. WHEREAS, the City of Iowa City has conducted a study of deer herd population and management options, and; WHEREAS, the City of Iowa City has determined that steps must be taken to develop and implement a Deer Management Plan for 1997/1 998 that will be designed to provide needed relief and protection of property owners and motor vehicle operators within the corporate limits of Iowa City, and; WHEREAS, the Mayor and City Council are prepared to take this action after considering the history of this issue, the effectiveness of alternative methods made available, and the City's inherent obligation to protect the health, safety, and welfare of all Iowa City citizens. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that the City Manager is hereby authorized and directed to implement for the Winter of 1997/1998, the Deer Management Plan that shall include the following elements: The City of Iowa City will develop a comprehensive educational program that will provide Iowa City residents with information on deer seasonal habits and guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be distributed with each new residents' packet and information broadcast regularly on Government Cable Channel 4. The City of Iowa City will organize public information meetings regarding the methods of deer management listed herein. The City of Iowa City will evaluate and, where appropriate, install or petition the State of Iowa or Johnson County to install on roadways under their jurisdiction, warning signs and/or reflectors that may reduce the likelihood of vehicle/deer accidents. In addition, to minimize deer/vehicle conflict, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. The City of Iowa City will actively work with the State of Iowa Department of Natural Resources to fully understand their efforts to control the deer population for which that agency is responsible and which affects the health, safety, and welfare of Iowa City residents. The City of Iowa City will immediately apply for permits from the State of Iowa Department of Natural Resources to implement the plan to kill 109 does within the Iowa City corporate limits utilizing sharpshooting and trap and kill during the winter of 1 99711 998. The specific areas for reduction are to be Management Districts 2, 3, 4, Resolution No. 97-367 Page 2 The City of Iowa City will fully comply with all rules and regulations promulgated by the Iowa Department of Natural Resources governing killing of deer, will exercise great caution and safety in implementing the program, will utilize the most humane methods available, and will ensure the deer meat is processed for distribution to agencies involved in feeding the hungry and the homeless. A program of public education about the management plan will be implemented to ensure that the public is aware of this activity and of safety measures. The City of Iowa City will appropriate the sum of $15,000 to implement the Deer Management Plan outlined in this Resolution for the pedod through February 28, 1998. The City of Iowa City will pursue a study in cooperation with the Humane Society of the United States of the feasibility of deer immunocontraception within its corporate limits. o The City of Iowa City will compile data on deer management including but not limited to vehicle/deer accident information, citizen complaints, and an annual helicopter count. In addition, the City Council will convene a meeting of the Iowa City/Coralville Deer Management Committee in the Spdng of 1998 to review and recommend options for the period of October 1, 1998, through March 1, 1999. The City of Iowa City will conduct an evaluation of the effectiveness of this Deer Management Plan at the City Council Formal Meeting no later than Apdl 30, 1998. A report will be filed with the State of Iowa Department of Natural Resources. NOW THEREFORE, BE IT FURTHER RESOLVED that the City Manager is to proceed immediately to ensure implementation of this Deer Management Plan for the Winter of 1997/1998 and to keep the Mayor and City Council fully apprised of the status of this plan throughout its development and implementation. Passed and approved this 21st day of October , 1997. A~-FEST: /~~.~.) CITY'CLERK MAYOR AR ove !y /O.-.l[r~7 City Attorney's Office EXH[B[T Mernorandtnn To: From: Oat~: R~: Steve Atldm, City Manager R.I. Winkelhake, Chief of Police I. Steffen, Sergeant of Planning and Research October 22, 1997 Car/Deer Accidents C/TY , UmC .................. :::::::::::::::::::::::::::::: ·:: 5: :::::::::::::::::::::::: :: :::::::::::::::::::::::::::::::::::::: :!! [!:[ :::::::::::::::::::::::::::::::::::::::::::::::: This memo is a sunrotary of the motor vehicle/deer accidents that occurred within the city limits of Iowa 'City. The totals for each area are from January 01, 1997, through October 22, :i~}i:111.11i!:':::'~(::~ Dubuque Street near Foster Road had 3 accidents resulting in S3750 worth of ~111}:ii:ili'" ":'~ii':were 2 reports on First Ave. North of Rochester Ave. that resulted in $1250 of ?~i}:i:.}:?~!i" "' ":' ' "'~. The deer died and DNR salvage tags were issued by the officer. !i~i~i!:i'~i('. :!~i;[qbrth Dodge Street from Prairie Du Chien to 1-80 there were 5 accidents. The :~::i!:!~!iiii'?~-;~da~e amount was $7700 with one accident where the car left before the officer arrived. :~ii?~:In three of the ca~es the de~r died and DNR salvage tag~ were issued. The deer died in one and the carcass was disposed. The last one the deer ran away. · There were 3 accidents on Hwy 218 that resulted in S53~ worth of damage. Twice the deer ran away and the other case the deer died and was disposed of by DOT. · Four accidents were reported on 1-80. In three of the cases the deer were not found. The last one the deer died. These four accidents resulted in $9225 worth of damage. · One accident was repor,~t in the 3000 block of South Gilbert in which the deer died and $500 damage was done to the car. · A car/deer accident on Lower Muscatine at Ash Street ended with $5 worth of damage and the deer died. Year to date there have been 19 reported motor vehicle/deer accidents. This resulted in $27,730 worth of damage, not including one accident where the car lcft the scene. Eleven deer died at the scene of the accident and in 9 cases the deer ran from the scene. This October ~ 1997 comparea to all of 1996 wh~r~ the Iowa City Police mvea~ated 1S motor vehicle/deer accidm~. The damag~ total was S10,~00 with four accidents with unknown damage because tho car h~ tiao sc~o. ~, Iowa City Police covea~d only one car/deer accident on 1-80 and Hwy. 218 ~ year. This year there have been 7 that reault~ in $14,~25 worth of IOWA CITY POLICE DEPARTMENT 410 EAST WASI-.mNIGTON STREET, IOWA CITY, IOWA 52240 019) 356-5275 · FAX # (319) 356-5449 Memo To: Dennis Mitchell' From-' Sgt. Jim Steffen Date: November 26, 1997 Re= Car-Deer Accidents Dennis since my memo da/ed-10~22-97 to Steve, Atldns the Iowa City Police Department hay covered five (5) other accidents. These accidents resulted in $2500.00 worth of damage to motor vehicles. In one case the car left the scene so a damage estimate was not made. · Page I EXHIBIT "=" POLICE SHARI~HOOTEN'G AS A M2ETHOD TO REDUCE URBA. N POPULATIONS 117 DEER MICHELLE L. STRADTMANN~, School of Natural Resources, University of Missouri, Columbia, MO JAY B. McANINCH, Department of Nanira. I Resources, Madelis, MN ERNIE P. WIGGERS, School of Natural Resources, University of Missour/, Columbia, MO JON M. PARKER, Department of Natural Resources, St. Paul, MN High deer populations in urban communities create traffic ha:arch, concerns about human health, and cause extensive damage to native and planted vegetation. While many residents expect these issues to be resolved, they are often unwilling to accept the use of traditional management methods. Variations of controlled hunting have been the primary methods used to manage deer numbers (Palmer et al. 1980, Ellingwood and Camrano 1988, Deblinger 1990), although trap and transfer has also been reported (Bryant and Ishmael 1990, Jones and Witham 1990, O'Bryan and McCullough 1985). In response to concerns about cost, safety, efficiency and public acceptance, sharpshooting has been proposed as an alternative (Witham and Jones 1992, Ishlllael and Rongstad 1984). However, only limited information exists on the actual cost, efficiency and safety of the technique. In 1991, the Minnesota Valley Deer Management Task Force (DMTF) developed a deer management plan for the cities of Bloomington, Burnsville, Fagan and Mendota Heights, Minnesota (McAninch and Parker 1991). The DMTF recommended a variety of methods to control and manage deer populations including sharpshooting. O~ the basis of the DMTF recommendations, a 3-year sharpshooting program, using police officers from the Bloomington Police Department (BPD) was adopted in the city of Bloomington. We di.vcusa the development, administration and implementation of the BPD sharpshooting program in Bloomington and present data oa cost aJad efficiency. We also discuss safety concer~ a.ud public reaction to the program. NEETHODS Program development Sharpshooting was approved as one of several reduction options by the Bloomington Natural and Historic Resources Commission (NHRC) and the Bloomington City Council for a 3-year experimental pencat. A number of agencies participated in the development and implementation of the sharpshooting Department of Natural Resources, Madelis, MN program ('Table 1). The program was coordinated by the Bloomington Planning Division under special i~rmit granted by the Minnesota Department of Natural Resources (DNR) to the BPD. Staff from the DNR Section of Wildlife acted as advisors for the program, the BPD provided sharpshooters and the Parks Maintenance Department (PMD) and DNR, Division of Law Enforcement handled logistics. Deer population reduction goals for selected areas within the city were developed by the DNR and were based on helicopter counts, population modeling and density goals of 15-25 deer per square mile. Program implementation The sharpshooting task was assigned to the Special Operations Unit of the BPD. The Special Operations Commander was in charge of supervision, data collection and budgeting and made administrative adjustmenu to the program as needed. Officers were recruited and provided with an explanation of the program and expectations for time commitment and performance. Officers were required to supply their own firearms (.222 to .243 caliber rifles with scopes), pass a shooting test and receive BPD authorization for a non-standard weapon. To pass the shooting test, officer~ had to hit a 7' (18m) diameter target at 2.5 (23m) and 50 (46m) yards, I0 seconds after a 'fire" command was given. Officers were also required to attend an oricmation session that covered a wide range of topics, from public interaction to safety standards and shot placement. Throughout the program, emphasis was placed on public safety. Officers were instructed to shoot only toward adequate backstops, use only one shot to kill each deer, and to remember safety was more importslit than killing deer. Deer were shot within predetermined shooting lanes and from stationary positions such as a stand or vehicle. Deer were only to be shot while they were standing or walking slowly. To eliminate deer rnnning after the shot, officers were instructed to use ordy neck shots. Officers were advised to allow deer to 7ab{e :. Agency. participation m the sharpshooting program m BLoomington, Minnesota, 1991-1993. Agency/OrganiTation Bloomington Natural and Historic Resources Commission and City Council Bloomington Planning Division Bloomington Police Department Bloomington Parks Maintenance Department of Natural Resources - Section of Wildlife Department of Natural Resources - Division of Law Enforcement Participation Deer feeding ban Approval of program and final recommendations Waiver of firearms discharge ordinance Deer Management Plan update DNR permit application Public notification of program Coordination of program review Budgeting Bait site selection Sharpshooter supervision Data collection Bait site selection Sign posting Maintain site ace, ess and baiting Carcass collection Permit allocation Bait site selection Advise police department Assist in program review Bait site selection Distribution of carcasses begin feeding before shooting to give time for other deer to arrive at bait sites. If shooters had the option, adult females or other angerless deer were to be shot f'u~t. Bait sites were selected based on proximity to deer concentrations, access for vehicl~ and opportunities for safe shooting. Residents were notified of the locations and dates of the program through local newspapers. Letters were also sent to residents bordering each shooting area. In 1991-92 0aY1) sites were baited with five gallon pails of shelled or cared corn i-2 weeks before shooting began and checked or replenished as needed. In 1992-93 0aY2) and 1993-94 (PY3), $00 bushels of corn were placed at bait sites 2 weeks before shooting began and replenished as needed. Signs were posted at all park access points and along public trails one week prior to the start of shooting. When officers were assigned to shoot, they reported to the BPD dispatcher at the start of their shift and checked out ~'mrnunition, spotlights and radios. Officers usually arrived at bait sites at dusk and remained at the site for 3-5 hours. Dead deer were removed from bait sites so that approaching deer would not becomc wary. Office~ returned to the station to file activity reports and return equipment. Activity reports included information on hours on duty, bait site number, sex and age of deer observed, deer killed and shots fLred. Carcasses were collected immediately following sharpshooting, were field dressed, and females examined for presence of fetuses. Carcasses were delivered to the DNR, Division of Law Enforcement for final disposition to charitable organizations. In PY 1, in addition to shooting over bait, 3 drives were conducted. While the drives were not as controlled as shooting over bait, every attempt was made for drives to be conducted safely. Sharpsholsters were set in positions with adequate backstops and each carried hand-held radios. Sollie drivers also carried hand-held radios and guards were posted at park prevent ,~vopie from :atering ~he park in 1992 and ~993, the Bloomingtou Planning Departrecur coordinated the program review in conjunction with PMD, BPD and DNR-Sectiou of Wildlife. NI..IRC reviewed the program and made adjustments based ou recommeudations from the group. NI-IRC fonvarded their recommendations to the City Council who provided approval for the following year. :~tmlysis Success rates (deer killed/hr) were calculated by dividing the number of hours sha~shooters were on duty (not just in the field) by the number of deer they killed. Cost per deer was calculated by dividing the number of deer killed into the total costs for the program. Program costs included daily BPD administration, sharpshooter wages, wages for staff to dispose of deer and maintain bait sites, equipment and bait. Costs for staff to conduct drives in PYI were included in the total costs for that year. Differences in success between years, officers, bait sites and weather conditions were tested using the Kruskal-Wallis statistic. Daily maximum tempermute, daily snow cover and snowfall information was obtained from Minneapolis/St. Paul International Airport. RESULTS AND DISCUSSION The BPD sharpshooting program ran from 18 November to 13 March in PYI, from 16 November to 12 February in PY2 and from 15 November to 27 February in PY3. In PYI, 21 officers participated in the program and each worked an average of 2,9 shifts (range=l-8) (Table 2). In PY2, 16 officers each worked an average of 4.3 shifts (range=l-10). In PY3, only the 9 most efficient officers from PY2 participated in the program and each worked an average of 10.7 shifts (range=6-22). An average of 1.7, 1.5 119 :me 2 3 sharpshooters worked per mght m PYi, PY2 and PY,~. respectively. Sharpshooters icilled 135 deer in PYi, 167 deer in PY2 and 152 deer in PY3 (Table 3). In PYI, 40 of the deer were killed during 3 drives conducted along a creek bottom. The portion of the total kill that were adult females (> 1.5 years) ranged from 30% in PYI to 42% in PY2. Conversely, the portion of kill that were adult males ranged from 27% in PYI to 19% in PY2. Four bait sites were used in PY1, 6 in PY2 and 10 in PY3 (Table 4). Sharpshooters worked an average of 52 hours (range=29-76) and killed an average of 24 deer (range=540) at each bait site in PY1. In PY2, sharpshooters worked an average of 45 hours (range=5-98) and killed an average of 28 deer (range=4-66) at each bait site. At each bait site in PY3, sharpshooters worked an average of 37 hours (range=6-127) and killed an average of 15 deer (range =0-68). There were no significant differences in success (rate) between bait sites in any year (P>0.26, P>0.83 and P>0.06 in PY1, PY2 and PY3, respectively). These results were expected since all bait sites were carefully selected based on accessibility, safety and proximity to deer concentrations. In addition, large amounts of bait were used to attract the deer to the site before and during shooting operations. No accidents occurred during the 3 years of the BPD sharpshooting program. Two complaints about shooting hours were received by BPD in PY2. The Planning Department received calls during each of the 3 years, but no specific complaints about the sharpshooting program were taken. Instead, callers inqui.,'ed about the general deer management program, policy, alternative solutions, damage, deer feeding and disposition of carcasses. Tabie 2. Number of sharpshooting days, total sharpshooting hours and mean hours worked and deer l~11ed per a&~L~si2eoter during the Bloomington Police Sharpshooting Program, Bloomington, Minnesota, ! 99 I- 1994. Sharpshooting days Sharpshooting hours ,'viean hours per sharpshooter Mean deer killed per sharpshooter 1991-92 1992-93 1993-94 27 44 41 237 270 383 11.3 16.8 41.5 (4-28) (3-41) (24-87) 4.5 10.4 16.8 (0-13) (0-24) (3-32) t20 Table 3. Numt:,:r off Aeer Lilled at baat s;:es ~,, s:x and lge .n me B',ocmmg:on ?oi:c~ Sl~a~siaccc:ng ~ogram. Bloom,mgton. Minnesota. !991-I994. Number of deer killed Year Adult female Adult male Fawn female Fawn male Total 1991-92 30 (31%) 28 (29%) 16 (17%) 21 (22%) 95 1992-93 70 (42%) 31 (19%) 26 (16%) 40 (24%) 167 1993-94 55 (36%) 35 (23%) 30 (20%) 31 (21%) 151 Sharpshooters reported that they did not recover six deer in PY2 and 2 deer in PY3. All deer were recovered in PYI. One of the unrecovered deer was known to have been hit in the jaw from a bullet that passed through another deer, but was never found. In most of the other cases, .sharpshooters did not record any evidence that a deer was actually hit. In addition, while 3 calls were received regarding um'ecovered deer in PY2, all showed no evidence of ballet wounds and were determined to have died from collisions with vehicles. Success rates for all sharpshooters combined did not differ between yem-s (P<0.01, x-0.40, 0.62 and 0.39 for PYI, PY2 and PY3, respectively). However, success rates differed among individual sharpshooters in PY1 and PY2-but not in PY3 (P~O.001 in PYI and PY2 and P>O.06 in PY3). Individual success ranged from 0 to I. 11 deer/hr in PYI (x--0.41), and 0 to 0.84 deer/l:tr in PY2 (x-0.50) and from 0.11 to 0.65 deer/iar in PY3 (x~.0.37). Weather conditions varied between program years. There were no significant differences in snowfall between years (P(~0.59, x--0.53', 0.23' and 0.32' in PY1, PY2 and PY3, respectively) or daily maximum temperature (P>0.39, x--30.2 and 28.5 and 25.6 C in PY1, PY2 and PY3, respectively) between years. However, there were significant differences in the amount of snow on the ground (P<0.001). ,am average of 8.8* (22.3cm), 3.9' (9.9cm) and 4.4' (11.tcm) of snow were on the ground on shooting nights in ?Y1, PY2 and PY3, respectively. Only 2 nights (7.4%) had no snow cover in PYI, while in PY2 and PY3 there were 14 nights (31.8%) and 13 (31.7%) without snow cover, respectively. Success did not differ on days with or without snow cover (P > 0.94) or between days with <6' or ~ 6' of snow cover (P) 0.52). These results were somewhat unexpected because snow, particularly when accumulated on the ground, was thought to effect the success of sharpshooting. The sharpshooting program cost $26,142 and $30,610 and $31,277 in PY1, PY2 and PY3, respectively (Figure 1). Cost per deer killed was $194 in PY1, $183 in PY2 and $206 in PY3. The single largest cost for the program was sharpshooter wages, which was expected because of the overtime wages paid. Success and costs of the BPD sharpshooting program compared favorably with other deer control program~ reported in the literature. BPD sharpshooters killed an average of 0.51 deer/hr, spent 1.96 hours per deer killed at an average cost of $184.85 per deer. Witham and Jones (I992) reported sharpshooters killed 0.37 and 0.39 deer/hr at Ryerson Conservation Area and Chicago-O'Hare International Airport, respectively. Costs per deer at Ryerson Conservation Area were $287.98. Ishmael and Rongstad (1984) reported that shooting deer over bait took 13.5 hours (0.07 deer,era') and cost $73.95 per deer. However, shooters were paid $3.65fhr plus travel expenses whereas sharpshooters from BPD were paid an overtime rate. In this study, we believe there were manet indirect as well as direct benefits to using police officers as sharpshooters. The primary advantages stemmed from the BPD ties to the community and the comprehensive t~aining received by each officer. The public has open communication with the police department to register concerns, receive answers to questions or respond to emergencies. Because they were on duty while sharpshooting, officers followed public safety procedures as they would have on any assignment. In addition, officers were continuously briefed and updated in firearms and public safety standards. For these reasons, we believe residents felt very safe knowing police officers were the sharpshooters. In addition, the City Attorney in Bloomington felt the use of police officers was Table 4. Number of ~hooti.g hours and deer killed and mean deer killed per hour al each bait site in the BloomingIon Police Sharpshooting Bloomin§ton, Minnesota, ! 991- ! 994. Bait ! 2 3 4 6 ? 8 9 10 II 12 1991-92 1992-93 1993-94 Total Total Mean deer Total Total Mean deer Total Total Mean detr N hours kill killed per hour N hours kill killed per hour N hours kill killed per hour 20 71 38 0.61 16 45 31 0.94 10 23 7 0.30 4 9 7 1.00 9 32 12 0.39 13 36 18 0.58 10 31 3 0.10 8 '29 5 0.23 3 5 4 0.90 22 77 ' 41 0.60 24 66 23 0.35 21 76 40 0.56 27 97 66 0.68 39 123 68 0.:55 9 21 '17 0.82 2 6 0 0.00 12 34 8 0.24 4 7 0 0.00 11 27 14 0.53 11 36 11 0.31 122 Belt (2.0%) Equipment (10.7%) ~ Support wages (35,5%) Adminlitration (6.6%) Sharpshooter wages (45.2%) Figure 1. Average annual costs for the Bloomington Police Department Sharpshooting Program, 1991-1994. preferred because their activities are covered by the city should an accident occur or a liability issue arise. Police commanders also felt more comfortable having officers, who must report to them, conduct sharpshooting activities rather than a private contractor or shooter who would not have ties to the community. Finally, we believe negative public reaction to the program w~ minimi?~:d because residents were continually informed of the purpose and progress of the program. Open and honest communication with the public is important in maintaining appreciation for and confidence in any public agency involved in decisions about highly emotional issues. LITERATURE CITED Bryant, B. K., and W. Ishmael. 1990. Movement and mortality patterns of radio-tagged suburban and translocated suburban white-tailed deer. Pages 53- 58 in L. W. Adams and D. L. Leedy, eds., Wildlife Conservation in metropolitan environments. NIUW Syrup. Sec. 2. 264pp McAninch, J. B., and J. M. Parker. 1991. Urban deer management program*: A facilitated approach. Trans. North Am. Wildl. and Nat. Resour. Conf. 56:428-436. O'Bryan, M. K., and D. R. McCullough. 1985. Survival of black-tailed deer following relocation in California. $. Wildl. Manage. 49:115-119. Palmer, D. T., D. A. Andrews, R. O. Winters, and J.W. Francis. 1980. Removal techniques to control an enclosed deer herd. Wildl. Soc. Bull. 8:29-33. Witham, 5. H., and I. M. Jones. 1992. Biology, ecology, and management of deer in the Chicago metropolitan area. Illinois Nat. Hist. Surv. Final Report, Proj. No. W-87-R. 108pp. Deblinger, R. D. 1990. Crane Memorial Reservation and Crane Wildlife Refuge white-tailed deer management program: Annual Report, 1989. The Trustees of Reservations, Beverly, MA. 12pp. Ellingwood, M. R., and S. L. Caturano. 1988. An evaluation of deer management options. Comm. Dept. Eavir. Protect. Public. No. DR-11, 12pp. Ishmael, W. E., and O. J. Rongstad. 1984. Economi~ of an urban deer-removal program. Wildl. Soc. Bull. 12:394-398. Jones, J. M., and J. H. Witham. 1990. Post- translocation survival and movements of metropolitan white-tailed deer. Wildl. Soc. Bull. 18:434-.441. EXHIBIT "F" DEER POPLrL~TION CONTROL PERMITS (REMOVAL OF > 10 DEER) The Department strives to maintain deer densities at desirable levels or to adjust them in accordance with biological and/or social needs. Management alternatives to achieve this objective include: manipulation of the size and sex composition of the harvest, season type, season timing, season length and the number and/or types of permits issued. However, in areas where hunting is precluded due to concerns for human safety and/or precluded by federal, state, county or municipal statutes or ordinances due to concerns for human safety, Deer Population Control Permits (DPCP's) may be issued under the following guidelines: DPCP PROCEDURES/GUIDELINES A) B) DPCPs are the only "non-hunting" deer permits issued for deer population/herd reduction and control. These permits are issued to land-managing or landowner agencies, organizations, corporations, associations, etc. and are not to be issued to individual private landowners. Examples of land-managing/landowner organizations/agencies (hereafter referred to as "land-managers") include, but are not limited to: county forest preserve districts county conservation districts county or municipal park districts airport authorities municipalities golf courses/country clubs cemeteries homeowner associations scout camps (or other outdoor recreational/educational camps) open space/open lands associations Federal installations (e.g., national research facilities) colleges, universities, or other schools corporate and industrial developments c) Upon initial contact by a representative of landowner, Division field staff (DWM's and PLB's) will follow procedures similar to tkose outlined for DRP requests by private landowners: 1) The Division "agent" should record pertinent information, and maintain this information on file, during the initial contact. Information to be recorded includes: land-manager's (agency/organization) name, address, phone number, the 18 2) representative's/contact person's name and phone number, s~ze/acreage of property, description of deer-related "probLem", whether the property in question is within city limits (~.e., whether it is incorporated or unincorporated propertyt, and whether the property is statutorily (and currently, or potentially, huntable). Set up an site-inspection/evaluation for the earliest, mutually agreed upon, convenient date. Review, during the initial contact, later contact, or site- inspection, the steps the land-manager must follow in order to receive a DPCP. The agency, corporation or association requesting authority to remove deer must develop and submit a management proposal to the biologist before a removal permit will be granted. The minimum requirements for a DPCP proposal are: ae A TITLE PAGE - with the name, address and phone number of the organization submitting the proposal and date submitted. INTRODUCTION AND PROBLEM STATEMENT - which includes a brief description of the size, location and objective statement for the area to be managed. PROGRAM GOALS - which addresses the long term purpose of the management, i.e., the damage to be alleviated. de PROGRAM OB~TECTIVES - which provides specific descriptions of management tasks to be accomplished, i.e., desired deer densities to be achieved by what methods, etc. SITE DESCRIPTION - which includes a detailed description of the area, evaluation of deer numbers, and an outline of past deer management activities. DOCUMENTATION OF~PROBT.~- which includes extent and distribution of native species, ornamental and/or agricultural plants that are being damaged or destroyed, along with replacement costs. Quantitative documentation will be required in subsequent applications for additional permits. PROPOSED M~THODS AND PROCEDURES - which identifies the techniques to be used and the number of animals to be removed (The cost of deer removal program and carcass processing fees are the responsibility of the landowner that implements the management program and needs to be identified during the planning phase). 19 D) E) 2) 3) 4) F) l) EVALUATION OF MANAGEMENT PROGRAM - which lists the criteria that will be used to evaluate the effectiveness of the techniques in meeting the stated objectives. CPIRONOLOGY OF MANAGEMENT ACTMTIES - which includes date of the proposal, proposed date of control program initiation, proposed completion date, timing of documentation/evaluation of results and the date the summary is to be returned to the Department. j. LITERATURE CITED k. TABLES, GRAPHS AND APPENDICES that support the proposal. Deer management proposals/applications for DPCP will be required annually. Proposals must be submitted no later than. 30 days prior to the proposed starting date in order to allow ample time for review by PLB or DWB and Forest Wildlife staff, for sharpshooter certification, etc. DPCP routing procedures: Division field personnel (PLB or DWM) receive, and provide initial review of, the deer management proposal/DPCP application. This review process may entail returning the proposal to the land-manager for more information and/or clarification. When satisfied, the PLB or DWM will forward the proposal and his/her recommendations/comments to the Forest Wildlife Program (* both the Deer Project Manager in Petersburg and Urban Deer Project Manager in Elgin). The PLB's or DWM's comments should contain approval (based on site- evaluation) of proposed bait/shooting sites and the charity(ies) to receive processed venison or field-dressed carcasses. If approved, a DPCP will be issued by Forest Wildlife and copies will be distributed per instructions on the bottom of the permit with a copy (xerox) forwarded to the PLB or DWM. Upon issuance of the DPCP and prior to any deer removals via sharpshooters, the Division field agent should schedule time and place for sharpshcoter qualification/shooting proficiency test (Appendix I). Summaries required are: Within 30 days of permit expiration, or collecting the total number of deer authorized, the land-manager must submit a complete deer removal record and carcass disposition report to the authorizing agent (along with any unused carcass tags) and the initial Division staff contact. This summary must 2O contain the date collected, carcass tag number, sex and age, weight (not mandatory), condition index (not mandatory), presence of wounds, abnormalities, and/or parasites, and ultimate disposition for each deer. The summary should also contain either the number of deer carcasses or the amount of processed venison donated to charity and a list of the recipient charities. If the permittee is issued another/successive DPCP in order to extend the time for removals or increase the number of deer to be removed (which requires additional written justification), the removal/carcass summary must be submitted within 30 days after expiration of the last permit issued. Deer removal activities are generally conducted during late fall-winter which means that no more than 2 - 90 day DPCP will be required. A DPCP can be issued for any number of deer, but like all nuisance wildlife removal permits is restricted by provisions in the Illinois Wildlife Code to be valid for no more than 90 days. The Good Samaritan Food Donor Act (P.A. 87-1036) was amended (effective 1 January, 1993) to allow donation of wild game to charitable or not-for-profit organizations without liability if done in good faith. A Memorandum of Understanding (Appendix J) between the Departments of Natural Resources (formerly Conservation), Corrections, and Public Health with input from Agriculture became effective on 1 January 1995 and provides procedures for handling, tr~.nsporting, processing and inspection of deer prior to donation. Within one year of DPCP expiration, or as part of a subsequent management proposal/DPCP application, the permittee must submit a summary/evaluation of the effects and/or effectiveness of the deer removal program, based upon stated program objectives and methods of evaluation. G) The role of Division personnel in deer herd reduction programs implemented by non-State land-managers is providing assistance and recommendations and overseeing/monitoring removal activities. Division personnel may provide assistance in the field (e.g., serving as an observer on aerial or spotlight counts, assisting with vegetation measurements, etc.) as possible, but this does not include making arrangements for, or conducting, aerial surveys for the land-manager. The land- manager is responsible for making all arrangements associated with proposal and summary preparation, deer removals, carcass disposition, and program evaluation and will be responsible for all costs incurred. 21 ADDITIONAL DPCP SPECIFICATIONS: Only field-proven effective deer population control techniques will be approved and authcrfzed. Any chemical introduced by any means into free-ranging white- tailed deer for the purpose of population control must be approved by the United States Food and Drug Administration and United States Department of Agriculture for use on free- ranging and/or food producing animals. Additionally, any such drug must have been shown, through published scientific research, to have no harmful effects upon predators (including humans) and scavengers feeding upon the flesh of an animal trea~zed with said drug. Live capture, translocation and release of wild white-tailed deer into a free-ranging situation, as a method of population control, will not be permitted. Live-trapping and relocation of deer will be permitted only to not-for-profit zoological institutions approved by the Department and subject to the following conditions: Individual deer must be certified by a licensed veterinarian as "disease free" before translocation may occur. Specific tests required are based on current IDNR, IDOA and IDOPH guidelines; Translocation and handling of deer must be conducted under the direct supervision of a professional wildlife biologist or licensed veterinarian; Translocation of deer will only be allowed to zoological institutions K having deer-proof enclosures to prevent escape into the wild. If deer are to be moved across state lines, permits must be obtained ~ from the natural resource agency in that state; copies must be ~ provided to the Forest Wildlife Program; All deer treated with drugs (e.g., immobilizing agents) and released ~ into a free-ranging situation must be permanently marked in a highly visible manner; and Individuals actively involved in live-trapping and translocation must carry a copy of the DPCP and carcass tags at all times when moving and handling deer. Should mortality occur during translocation, a carcass tag must be immediately affixed to the deer carcass through a rear leg. 22 Live-capture and translocation of free-ranging deer to privately-owned commercial game breeding facilities, as a method of controlling deer numbers, will not be permitted. Live-capture and euthanasia will be permitted only if method of euthanasia is deemed acceptable and/or conditionally acceptable by the most recent American Veterinary Medical Association Panel on Humane Euthanasia and does not render carcasses unsuitable for human consumption. Selective shooting by professional sharpshooters, tested and approved by the Department authorizing biologist, using techniques that maximize both human safety and humane treatment of animals will be permitted. Sharpshooting will only be allowed at bait/shooting sites previously viewed and approved by the IDNR authorizing agent Deer collected by approved lethal means must be handled (i.e., field-dressed, cooled, processed and donated) per current IDNR, IDOPH, IDOC and IDOA g~idelines (see Appendix J). Unless otherwise specified, any carcasses unsuited for human consumption must be disposed of via guidelines in the Illinois Dead Animal Disposal Act. 23 Appendix i. SHARPSHOOTER OUALIFICATION/TESTING PROCEDURES In order to insure human safety and humane euthanasia, agencies implementing deer herd reduction/control programs using professional sharpshooters must make arrangements to have the individuals, proposed as sharpshooters, tested/certified annually by appropriate Illinois Department of Natural Resources IDNR)- Division of Wildlife Resources (DWR) personnel. ALL other aspects of these programs (e.g., shooting/bait sites, meat processing facilitiWs, carcass inspectors, charities to receive processed venison, etc.) must be approved by the IDNR-DWR authorizing biologist and the Forest Wildlife Program. The sharpshooter qualification process entails essentially 3 steps, listed in detail below: 1) Application: proposed sharpshooters must complete pertinent sections (highlighted) of a standard "Sharpshooter Application" form (attached). Applicants are permitted to use the back of the form or an additional sheet of paper if they require additional space for listing experience. The latter section should be filled out as completely as possible by the applicant since experience is of great importance when evaluating the qualifications of the applicant. Experience that should be listed includes: firearm or hunter safety courses taken or taught by applicant, shooting clinics or competitions, training in use of firearms during military or police service, other marksmanship tests taken, type (and number of years) of hunting experience, etc. Applicant should indicate date, or age at the time, of completing hunter safety course, shooting competition, etc. Shooting Proficiency Test: The proficiency test is. designed to insure that the proposed sharpshooter can consistently, accurately, and precisely hit a target similar in size to the one he/she will see in the field. This test is administered' at a 50 yard outdoor range. Applicants are allowed to use a bench rest since this simulates field conditions; unfortunately use of a public range for the test precludes shooting from an elevated position or at night with a spotlight which are also field conditions. The applicant must use the firearm and ammunition that he/she will be using in the field during the removal program. All firearms must have telescopic sights (i.e., scopes). The type of weapon to be used dictates the target size to be used for the tes-~, number of sho~s 5c be taken, and acceptable score: a) For all rifles, ~he test 5arget is the "National Rifle Association (NRA) official 50-yard small bore rifle target" with 5 bullseyes. On the official test target which the applicant has signed and dated prior to attaching to the target backstops/holders, the applicant will discharge one round at each bullseye for a total of 5 shots. For centerfire rifles (k.218B cal.), the cutoff for certification is 46 out of a '~possible total of 50 points; the applicant must consistently place all shots within the "9-ring" which has a diameter of approximately 1.9 inches. b) For rimfire rifles (i.e.,.22 magnum caliber) (some text deleted) all criteria in "a" above apply except the point cutoff for qualification will be 47 out of 50 points possible. c) For 12-20 gauge shotguns with slugs, the target used for proficiency testing is the "NRA official 50-yard slow fire pistol target" with one bullseyD. The applicant will discharge 3 rounds at the single bullseye. Cutoff for qualification is 27 out of a possible 30 points; the applicant must be able to group three shots within a circle of 5.5 inches in diameter. There is no time limit on the shooting proficiency test but the applicant is allowed only one attempt to certify per winter/removal season. For example, the agency or organization implementing the deer management program must inform the IDOC of Dotential sharpshooters to be tested. Next the shooting proficiency test will be administered by the IDNR no greater than 45 days prior to the proposed date for initiation/ implementation of the management program. The potential sharpshooters are allowed one attempt to qualify, and if unable to do so, they cannot be retested until the following year. Potential sharpshooters are expected to familiarize themselves with, and to follow, all rules of the firearm range used for the proficiency test. The applicant's knowledge of his/her firearm and ability to safely handle a firearm will be evaluated during the proficiency test. Oral Interview: potential/proposed sharpshooters will participate in an oral interview before, at mhe time of, or after, the shooting proficiency test; the interview will conducted in person or via telephone. The number and types of questions are dictated by previous knowledge of, and familiarity with, the sharpshooter and his/her abilities, prior shooting and/or hunting (especially deer) experience, firearm training, previous participation in deer management programs as a sharpshooter, etc. The oral interview allows IDNR personnel to clarify any unclear or vague information listed on Sharpshooter Application form (e.g., experience); assess the applicant's knowledge of deer anatomy, biology, and behavior; assess the individual's motivation for wanting to be a sharpshooter; evaluate the applicant's knowledge of the proposed deer management program and program priorities; develop an initial impression of the individual's attitude toward the program, cooperativeness, and commitment to insuring human safety and program success. Additional Requirements: 1) Must be k 18 years of age. 2) If a resident of Illinois, must possess a valid FOID card and hunting privileges must not have been revoked. 3) If not a resident of Illinois cannot have been convicted of any felony or Game Code violations. NOTE: Although a sharpshooter candidate may initially be tested and approved by the IDNR after fulfilling the above requirements, tests, and interviews, his/her qualification as a sharpshooter is probationary and is continually evaluated (by the IDNR and the agency implementing the deer management program) during the course of the program. Any disregard for human safety, incidence of a high deer wounding rate, uncooperativeness or poor attitude, and/or other problems will result in the immediate revocation of the individual's qualification as a sharpshooter. ~ois De?'artment of Conservation er Population Control Permit ~,-!, y Own~/l~age¢ 675 Viliaqe Court ~,,Organiz~lion c~l~ct m.: MY. Pe~e~ ~ins, Village ~nage[ m~: Mr. ~vid Clark, Assistant ~naqer Permit No. J~J26-94 Tag Nos. zmoc JHK-843351 - JHK-843380. Z:o Code: 6CC'22 Phone #: { 708 ~ a,~5-4~ ! ] Phone #: ( " ) .... EA DESCRIPTION ~nd 12 of T4~, R12E (Northfield To,ship) and Sections 6-8 and 17-18 of T42N, ~3E (New ~r Tn~.~ ~ p) _ n~eage:__ ~C~nty: C~k Type & ~tent of damage: Excessive deer-relat~ d~qe to ~10VAL AND ~R~SS DISPOSITION SPECIFi~TIONS: Petit is valid 24 hrs/day (s~tlighting .ow~); authoriz~ techni~es are I~-aDorOV~ shar~h~ters fr~ elevat~ ~sitions over ~ld~ress~, Dr~ess~, and donat~ to charity. AaOVE AG~/~I~ ~ H~Y ~)'~ a ~ ~AY PERMIT UNDER SE~ION 5/2.37 ~ THE ILLINOIS ~LDUCE ~ TO R~~~ ~ ~ DEER ~USlNG DAMAGE {DESCRIB~ A~EI. THIS ~M~ ~ED FROM ~] f ~ / ~ TO Oq / q] I q~ IOATE$ ~USlVE) AND ONLY ON THE ~NDS O~ANAG~ SY ~E JM~T{$). THE ~M~'f~ ~D APCR~ ~R~NO~ S~ ADHERE TO THE PROVISIONS O~ CHA~ER 520 O¢ THE D~ COMPI~D $TA~S ~O ~ 17 ~ T~ ~ ADMINI$~T~E CODE. PFR~IT PROVISIONS ~roposed sharpshooters must be tested a~! e~oved by )~t of Co~servafio~-Oivisio~ of ~fe R~rcas ~ther ~{n~t ~f~. h~t~ w~l be m~nt~n~ ~ ~de ~ ~e A~h~g nd/~ h~dl~g da~. ;amen ~d ~sposition shNI ~ly be ~ ~e me~(s} tat~ ~ this [o ~ ~ pelts of de~ c~le~ u~ ~ ~ ~ ~. m~t~, ~, b~, n~ tr~ I ~y m~. ,ll de~ must be tagg~ 1~ a ~e~ ~g} ~at~y ~t~ k~l~ ~ ~f~a e~ng. T~ ~t be ~t~n~ w~ ~e 5. PER~Fi-i'EE MUST RETURN ANY UNUSED TACS ALONG WITH THIS PERMIT AND A COMPLETE REMOVAL RECORD AND CARCASS DISPOSITION REPORT TO THE AUTHORIZING BIOLOGIST WITHIN 30 DAYS OF THE EXPIRATION OF THIS PERMIT. A complete evaluation of the effectiveness of the removals, authorized herein, in reducing/eliminating the aforementioned, deer-related damage must be submitted within 1 year of the expiration or with any subsequent permit requestslmanagement proposals; this does not apply to a permit extension during the current removal program. 6. The Department of Conservation reserves the right to refuse to issue additional permits to permittees who fail to implement rnartagement recommendations (as provided by DOC) o~ do not provide the required summaries. - MANAGEMENT PROVISIONS ~ge ~t~nt (i.e.,-lethal r~vals are ~e last reset); continue to ~nitor d~r- , ~=t~ ~e p~t Falslas, ~ me~s sf r~o-,al ~d ~ss disposition, sumreplies r~uir~, ;st ' ~lg~ n, TL ~l ~O Phone ~: 708--289-7620 NATUIL-kL RESOURCES COMMISSION Petition by the City of Iowa Cid' ) ) for the Adoption of Rules Relating ) ) to Deer Population Management for ) ) Iowa City, Iowa. ) BRIEF IN SUPPORT OF PETITION FOR RULE MAKING TABLE OF CONTENTS I. BACKGROUND ...........................................................................................i..i ..............................1 II. IOWA CITY MUST REDUCE THE DEER POPULATION QUICKLY FOR SAFETY AND PROPERTY PRESERVATION REASONS .................................................................................3 m. SHARPSHOOTING HAS PROVEN TO BE A QUICK, SAFE, HUMANE AND EFFECTIVE METHOD TO REDUCE DEER OVERPOPULATION ............................................................... 4 w. SPONSE TO CONCE S ABOtrr USING SHARPSHOOTING AS A METHOD OF URBAN DEER CONTROL .....................................................................................................5 A. The Cost Of Using Sharpshooting And Trap and Kill Is Not A Legitimate Consideration In Deciding Whether To Adopt Iowa City's Proposed Rules For A Special Deer Management Unit ............................................................................................................................................6 B. Separate Rules And Regulations For Urban Deer Management Are Needed .........................6 V. IOWA CITY'S PROPOSED DEER MANAGEMENT PLAN HAS BEEN ACCEPTED BY THE IOWA CITY COMMUNITY ................................................................................................7 VI. CONCLUSION ..............................................................................................................................8 I. BACKGROUND Approximately one year ago, the City of Iowa City contacted the Department of Natural Resources ("DNR") regarding problems Iowa Citians were experiencing with deer. The DN-R recommended that a citizen task force be convened to determine if there was an overpopulation of deer. If Iowa City did have an overpopulation problem, the task force would then review killing options. The DN'R emphasized the necessity. of devising a proposal that was acceptable to the community. In response to the DNR's recommendation, the City Council of Iowa City assembled a citizen task force. The City Council appointed people with the following backgrounds in an effort to ensure that a broad segment of the community would be represented: an officer with the Iowa City Police Department who is also an avid bow and arrow hunter; residents living m an area heavily populated with deer; a resident living in an area not heavily populated with deer; a member of the Johnson County Humane Society; individuals with science and biology backgrounds; a member of Project Green; and the supervisor of the Iowa City/Coralville Animal Shelter. In January of 1997, the DNR and Iowa City performed helicopter surveys of the deer population in Iowa City. Based upon these surveys, the DNR developed simulations regarding the number of deer present in different areas of Iowa City. See attached Exhibits "A" and "B." The DNR and the task force set a goal of thirty (30) deer per square mile for Iowa City. Willy Suchy, a wildlife biologist for the DNtL then projected the number of deer that must be removed each year for the next three years in order for Iowa City to achieve this goal. Mr. Suchy calculated that 176 deer, including 109 does, would need to be removed each year for the next three years. See attached Exhibits "A" and "B." At~er agreeing with the DNR on the number of deer which must be removed, the task force then studied methods of lethal reduction in painstaking detail. Methods which the task force reviewed included bow and arrow hunting, trap and kill, trap and relocate, sharpshooting, and contraception. After thoroughly reviewing the options, the task force unanimously recommended sharpshooting and trap and kill as the best methods of reduction for Iowa City for the fall/winter 1997-98. See attached Exhibit "C." It was the task force's conclusion that these methods would 3 most quickly, humanely, effectively, and safely reduce the deer population. The task tbrce also recommended that it be reconvened in the spring of 1998 to assess the effectiveness of the plan and to make recommendations for deer management for the fall/winter 1998-99. The City Council subsequently adopted the task force's recommendations following a public hearing on the issue. See attached Exhibit "D." II. IOWA CITY MUST REDUCE THE DEER POPULATION QUICKLY FOR SAFETY AND PROPERTY PRESERVATION REASONS. Since January 1, 1997, there have been twenty-four (24) reported motor vehicle/deer accidents within the city limits of Iowa City, resulting in an estimated $30,230 worth of damage. See attached Exhibit "E." This compares with only fifteen (15) accidents for all of 1996. Ttu's increase has also occurred despite the use of deer reflectors on two of Iowa City's busier streets. Thankfially, none of these accidents have resulted in serious injury or death to any drivers or passengers. However, Iowa City must be given the ability to quickly to reduce its deer population before such a tragedy occurs. A city in Connecticut was recently sued as a result of a motor vehicle accident involving a deer. Although difficult to quantify, the overpopulation of deer in Iowa City has also resulted in substantial damage to public and private property. The City Council of Iowa City frequently receives complaints from property owners regarding damage and loss of personal property as a result of the deer overpopulation. The methods recommended by the citizen task force and adopted by the City Council would address these issues quickly and safely. 4 IlL SHARPSHOOTING HAS PROVEN TO BE A QUICK, SAFE, HUMANE AND EFFECTIVE METHOD TO REDUCE DEER OVERPOPULATION. Sharpshooting has been successfully used in communities in Minnesota and Illinois. An article documenting the success of a three-year sharpshooting program in Bloomington, Mirmesota is attached. See attached Exhibit "F." Unlike bow and arrow hunting, the citizen task force found no reports of injuries resulting from sharpshooting. Jay McAninch, a wildlife biologist with the Minnesota Department of Natural Resources, has commented that the high degree of public safety that comes with sharpshooting is one of its selling points. See attached Exhibit "G." The large number of deer that need to be removed from Iowa City over the next three years necessitates the use of methods which are not only safe, but which are also quick and effective. As of the date of this brief, only fifteen (15) deer have been bagged in the Cedar Rapids/Marion Deer Management Unit. Cedar Rapids/Marion is a larger community than Iowa City. Based upon the 'results so far in Cedar Rapids, it appears Iowa City would have an extremely difficult time reducing the deer population to acceptable numbers with bow and arrow hunting, even over the long-term. As noted previously, there have already been twenty-four (24) motor vehicle accidents in Iowa City involving deer this year. For safety reasons, Iowa City must be given the tools to quickly and efficiently reduce the deer population. At the request of Iowa City, representatives of the United States Department of Agriculture ("USDA") viewed different areas in Iowa City to determine whether there were locations where sharpshooting would be appropriate. The USDA is an agency which has experience at using sharpshooting to reduce numbers of deer, including controlling the deer population at O'Hare International Airport in Chicago, Illinois. The USDA also has the authority to use noise suppressors under federal law. USDA representatives found at least fifteen (15) locations in Iowa City which will be suitable for safe sharpshooting. These locations are areas which are least 200 yards from any home or building and where tree stands could be set up to shoot at areas with a twenty-five foot (25') embankment. These locations are also along or near deer mi~ator3.r paths. USDA representatives indicated the USDA is willing to pertbrm sharpshooting if so requested. Iowa City anticipates contracting with the USDA to perform sharpshooting at this time. Alternatively, the City will use local law enforcement officers to perform sharpshooting. Thus, the requested methods will be performed by trained professionals. The City Council of Iowa City will adopt rules and regulations prior to implementing a sharpshooting program. Iowa City plans to adopt the same sharpshooter qualification and testing procedures employed by the Illinois Department of Conservation. See attached Exhibit "H." Iowa City will also require the use of hollow point bullets as an added safety precaution. Permission will also be obtained from neighboring property owners before any sharpshooting takes place and steps will be taken to prevent people from entering areas where sharpshooting is occurring. IV. RESPONSE TO DNR CONCERNS ABOUT USING SHARPSHOOTING AS A METHOD OF URBAN DEER CONTROL. The DNR's concerns or objections to Iowa City'S proposed plan to use sharpshooting and trap and kill appear to be as follows: 1) these methods would be more costly for Iowa City than bow and arrow hunting; and 2) using these methods would take away an oppommity for recreational hunting within Iowa City and could be the beginning of the end for bow and arrow hunting statewide. A. The Cost Of Using Sharpshooting And Trap And Kill Is .~t .-1 Legitimate Consideration In Deciding }Fitether to Adopt Iowa City's Proposed Rules For ..1 Special Deer Management Unit. The cost of using sharpshooting and trap and kill is only a relevant factor for Iowa City to consider. The increased costs of sharpshooting and trap and kill over bow and arrow hunting were carefully considered by Iowa City when deciding which methods of lethal reduction would be best for Iowa City. After public input and hearings, the citizens of Iowa City determined that the benefits of more quickly reducing property damage and motor vehicle/deer accidents (including less risk of serious bodily injury or death), as well as using a more humane method to reduce the number of deer, outweighed the short-term increased financial costs. Because the costs of sharpshooting and trap and kill affect only the Iowa City community, these costs should not be considered by the Commission in deciding whether to adopt Iowa City's proposed rules for a special deer management unit in Iowa City. B. Separate Rules and Regulations for Urban Deer Management Are Needed Separate rules and regulations for urban deer management and rural deer management are needed to afford municipalities the tools necessary to solve urban deer overpopulation problems. While a primary objective of rural deer management may be to provide oppommities for recreational deer hunting, the primary objective of urban deer management should be to come up with the best method of deer reduction to meet the needs of the particular city. Urban areas are not necessarily suitable for bow and arrow or recreational deer hunting. Iowa City has formulated a plan that Iowa Citians view as the best method of deer management for Iowa City. This plan will allow Iowa City to quickly. humanely, effectively, and sat~ly resolve its deer overpopulation problem. Sharpshooting and trap and kill methods have been used successfully as part of urban deer management plans by communities in Illinois and Minnesota. We know of no adverse effects on bow and arrow hunting as a result of the use of sharpshooting and trap and kill for urban deer population control in those states. There appears to be no logical connection between the use of sharpshooting and trap and kill as part of urban deer management and the end of the use of the bow and arrow for rural recreational hunting in Iowa. The methods proposed by Iowa City for control of its urban deer population do not contemplate recreational hunting and will be undertaken by a defined group ofprofessionals. V. IOWA CITY'S PROPOSED DEER MANAGEMENT PLAN HAS BEEN ACCEPTED BY THE IOWA CITY COMMUNITY. As noted above, the City Council of Iowa City appointed members to the task force who represented the diverse views of Iowa Citians. The citizen task force worked with the DNR to determine whether Iowa City had a deer overpopulation problem and to determine the maximum number of deer per square mile that would be appropriate for Iowa City. The task force then spent months studying different methods of lethal reduction to determine the methods which would be most appropriate for Iowa City residents and would allow Iowa City to meet its deer reduction goals. The humaneness of the method was particularly important to the task force and the Iowa City community. Despite their diverse interests and backgrounds, the members of the task force worked together to make a unanimous recommendation to the City Council. The DNR emphasized the necessity of devising a proposal that was acceptable to the community. Iowa City has met that goal. Iowa Citians should not now be told that their analysis and contemplations are without merit and that thev do not have the ability to formulate the best methods of deer management for their community. VI. CONCLUSION. Iowa City spent a Considerable amount of time and effort choosing the best methods of deer reduction for the particular needs of Iowa City. The best methods of deer reduction for the needs of Iowa City are sharpshooting and trap and kill. These methods have been proven in communities in neighboring states to be quick, effective, safe, and humane. Iowa City should be given the ability to implement these methods for at least three years. As noted earlier, Iowa City plans to have its task force evaluate the effectiveness of sharpshooting and trap and kill at the end of each winter. If these methods do not prove to be safe and effective, Iowa City will certainly look at other alternatives. For the reasons stated above, Iowa City respectfully requests that the Commission establish a special deer management unit for Iowa City which incorporates the rules set out in its Petition. Dennis J. Mitchell 000014867 Assistant City Attorney 410 East Washington Street Iowa City, IA 52240 (319) 356-5030 (319) 356-5008 FAX ATTORNEY FOR PETITIONER EXHIBIT "A" Projecled Number of Deer to be Removed Table I. Sinntlatcd deer numbc~ for zone 4 and $ fn Iowa City. Simulations uss basic ~rvtval ned l~pro~fuctivc rates and Poet-winter Nu~nbers Dee~ Re~oved Ym D~ ~ ~c~ C~ T~ ~ ~ ~md ~ ~ 19~ 47 31 78 2~ 3~% I~ 3~ 1998 41 -~3% 30 -3% 71 -~ 2~ 38% IS 3~ 1999 27 -34% 26 -13% 53 -25% 25 48% IS 3~ 20~ ~0 ~3% 17 -3~ 27 a9% 0 0% 0 ~ 2001 ~4 4~ 19 32~ 33 ~ 0 ~ 0 ~ 20~ 20 42% 22 16% · 42 ~% 0 ~ 0 ~ 2~3 28 ~ 28 ~% S6 33% Table 2. 3'he number ofdo~r ~at would need to b~ ranarM In arch of the to keep the mluce sJmnhted populations to less tbtn 30 / squsre mile. Deer (does) to be 1)97/~m t998~9 1999~0 40 ~) 40 (25) 40 (25) 32 (20) 32 (2o) 32 (20) 98 :so Oo) :sooo) :so (20) 37 19 (22) 19 02) 19 (12) 1'76 (109)176 (109) 1'76 (lOg) 1~-16-1997 IBc:J: 5'L~ {:,. ~,~ Appendix :I:. Assumptions used in s~mu~a~_~ons. 1. Aunua~ surly-d]. r~tos Doe fawns - 73% DO05 (1.5+) - 93% · Buck fawns - 73% Bucks (1.5+)- 88~ 2. ~ct~ve rates Doe fawns - 0.95 fawns/doe Does {1.5+) - 1.83 fawns/doe - Baseline s~mulation has no removals 25% of doe £awns emi. o'rate £rom area 42% o£ buck: £aMns emi. g~at:e £rom area 5. No dons~clol~mcLen2 clL~nges in m'ryL-'ates. G. A.tl z'ee~,vai.$ ~ou.td !~ acldit..i.v~ i;o noel mortal. it-I/' ~xx) b~.T, ,:T / V 7 .11 '9 EXHIBIT "C" iowa City/Coralvilme ~inter 1997/1998 Deer ~v~anagement Plan COh4/vtlTTEE h4Eh4BERS Jan Ashman Charlie Duffy Pat Farrant Loren Forbes Ron Fort Dave Froschauer Misha Goodman-Herbst Lisa Handsaker Steve Henddx Doug Jones Scott Larson Bud Louis Judy Rhodes Nancy Seiberling DEPARTMENT OF NATURAL RESOURCE ADVISORS Tim. Dorr - .: Willy Suchy Tim Thompson Joe Wilkinson The 1997 Iowa City/Coraiville Deer Management Committee would like to thank the City Council of Iowa City for appointing a group of individuals with a wide array of views concerning management of deer, the Department of Natural Resource advisors who patiently assisted us with our process, and the citizens who provided valuable feedback. Contact: City Manager's Office, 410 E. Washington Street, Iowa City, IA 52240 (319) 356-5010 Winter 1997/1998 Deer Managemere Plan 2 10/17/97 INTRODUCTORY STATEMENT -he 1997 Iowa City/Coralville Deer Management Committee has determined that deer management ,v~thm the corporate limits is a necessary duty of the City to ensure that the health of the herd is maintained and that plant and other animal life which make up the ecosystems of the natural areas in the City are not irreparably damaged or destroyed, and to ensure the safety and welfare of the inhabitants of the City and prevent major damage to their property by deer. The Committee recognizes that deer management is an ongoing process which must be continued from year to year. The City must establish sound methods for gathering information and evaluating its efforts. The Committe~' affirms the value of the presence of deer as a natural resource within the City limits and encourages individuals to become better educated to ways of living with deer. It is also clear that the size of the herd in numerous parts of the community is reaching levels which endanger the lives of the inhabitants (from deer/vehicles accidents), increases the destruction of plantings in people's yards, and ultimately disrupts the ecosystem in the area. After careful review of management issues, the Committee sees no viable option but to kill members of the herd to reduce their numbers to a level which is tolerable to the community. HISTORY Citizen complaints to the City of Iowa City regarding deer have increased markedly over the last couple of years. In response, the City Council directed staff to investigate how to approach deer management. City staff contacted local Department of Natural Resource representatives who advised a helicopter count be performed to determine deer population within the urban areas of Iowa City/Coralville. POPULATION COUNT On January 31, 1997, Tim Thompson (Iowa Department of Natural Resources) and Ron Fort (Iowa City Police Department) performed a helicopter count of the Iowa City/Coralville area. The following conditions existed: temperature 45 degrees F, wind 15 to 30 mph $W, sky clear and sunny, snow cover 5 inches and melting. A total of 538 deer were viewed and counted. FORMATION OF THE DEER MANAGEMENT COMMITFEE After review of the helicopter count results, the Iowa City City Council acted upon the recommendation from the DNR that a task force be assembled consisting of a wide range of representation. Council appointed members from the following factions: City of Iowa City staff, Iowa City/Coralville Animal Shelter, Iowa City Police Department, Project Green, resident living in area heavily populated with deer, resident living in area not heavily populated with deer, animal rights, Johnson County Humane Society, sciencelnature/biology, Iowa Wildlife Federation, City of Coralville, resident of Coralville, and Jonnson County Board of Supervisors. COMMITTEE DISCUSSION / INVESTIGATION The Deer Management Committee first convened on May 1, 1997. The group generally met every two weeks. First meetings consisted of the DNR relaying information regarding deer habits, habitat, and breeding patterns, along with knowledge gained from similar task force groups from other cities in Iowa, Illinois, and Minnesota. The Committee agreed upon definitions for 'cultural carrying capacity," "biological carrying capacity," and "ecological carrying capacity." They also discussed and agreed upon a definition of "humane" as it pertains to the killing of deer. The Iowa City/Coralville Committee appointed subcommittees to review information on living with deer and on reducing the size of herds as a management technique. Winter 199711998 Deer Management Plan 3 10117/97- ..'~, REVlE'W OF OPTIONS The Committee established that there is plenty of information available for dissemination to educate the community about living with deer. There are also numerous vehicles for disseminating the information including brochures, City News inserts, public panel discussions, and television access. The more difficult task was to determine acceptable methods for herd reduction. The following options were considered in detail: Do Nothing This is the default option, however it does not involve preserving the status quo. Iowa's deer herd was almost exterminated 100 years ago; only in the last few decades have the numbers begun to grow rapidly; humans have yet to feel the full impact of deer in the distinctly unnatural habitat provided by our urban fdnge areas. Is it humane? This depends on the deer and human populations. When both are high, deer interactions with people are more likely to cause the deer to panic and injure themselves, sometimes fatally. It is hard to judge this to be humane. VVhen deer populations approach the single-species biological carrying capacity of the habitat, probably well in excess of 100 deer per square mile in Iowa, epidemic disease among deer becomes a serious threat. This does not appear to be humane. An adequately fed deer herd will have an annual birth rate of 50 to g0 fawns per hundred deer. In the steady state, the death rate will match this. In an urban'area wffh no natural predation, the question must be asked if accidents (mostly deer/vehicle collisions) and disease are humane. The Committee-recognized that outright starvation is unlikely in the Iowa City/Coralville community. Is it safe? Deer-vehicle collisions are not safe, but are becoming a familiar risk. The use of deer reflectors (costing over $8,000 per mile) along roads appears to be useful in reducing the rate of nighttime deer/vehicle collisions. Although results with' the use of reflectors may vary, accidents involving deer in the area of Dubuque Street in Iowa City equipped with reflectors has decreased by 98%. Is it effective? No. The deer population will eventually reach an equilibrium at very high numbers. Under stress, deer fertility declines and infant mortality increases until eventually, they balance. The ultimate deer population density for our area will most likely exceed the highest densities cun'enfiy found in any part of Iowa City, approximately 5 to 10 times the population densities recommended for our area. What does it cost? Wildlife carcass removal within the City is the City's responsibility; costs (staff time, vehicle use, equipment, etc.) are between $110 and $150 per deer carcass. Costs to property owners for fencing and other control measures should not be ignored, nor should costs associated with damage to landscaping. In addition, high deer populations are likely to severely reduce the habitat available to other wildlife that is currently found within Iowa City. Winter 1997/1998 Deer Management Plan 4 10/17/97 Is ~t Yes Commr~ee Conclusion The Committee does not believe 'do nothing' is an option for the Iowa City/Coralville community as the conflict between humans/deer and ecosystem/deer will continue to increase as deer population grows. Contraception The Committee assumed the use of hormone injections or immunocontraceptives (porcine zona pellucida [PZP]): both methods have been proven to be effective 'on captive deer. Implantable lifetime contraceptives, and oral contraceptives that could be administered by means of drugged bait are research subjects. Surgical sterilization is, in theory, an option, but it is extremely expensive. is it humane? Injections by drugged dart have been used on a wide vadety of wildlife and appear to cause only brief discomfort. The contraceptives that have been tested lengthen the doe's breeding season by up to two months, leading to an extended rutting season. In our cold northem winters, this could lead to increased mortality among males. Occasional contraceptive failures lead to late summer births; late-born fawns rarely survive the winter. The Humane Society of the United States (HSUS) is currently sponsoring at least eight test projects nationwide and has received inquires from over 150 communities and groups. The use of contraception, if it could be effective and safe, is potentially the most humane way to control herd size. Is it safe? Any drug injected in free-ranging animals that are subject to hunting and later human consumption poses safety questions. Thes~ questions have not been answered for the birth control drugs under consideration, although there is good reason to believe that PZP poses minimal dsks. Is it effective? Simulation studies done for the deer herd at Kent Park suggest that 60% of the does in a herd must receive effective contraceptives in order to stabilize that herd, assuming that hunting pressures outside the park remain unchanged. Herd reduction requires even greater coverage. The most widely used drugs must be administered to each doe twice per season, although single-dose methods are being studied. Controlled doses require record keeping for each deer, something that is impossible in free-ranging herds. What does it cost? A veterinarian who is an expert marksman is typically required if drugs are to be injected into deer using darts fired from a shotgun. Typically, a bait station is established and the veterinarian shoots from a blind or stand of some kind. Thus, the costs will be comparable to sharpshooting over bait, plus the costs of drugs and record keeping. Costs would double if two doses per doe must be administered. Is it legal? Because of drug safety issues, FDA approval has yet to be given for general use of immunocontraceptives on free-ranging deer. Winter 1997/1998 Deer Management Plan 5 10/17/97 Committee Conclusion The Committee believes participation in a study is worth pursuing and have been in contact wrth HSUS deer specialist Allen Rutberg. When available, contraception would be the preferred method of stabilizing the deer population in the Iowa City/Coralville community. Trap and Relocate The Committee assumed the use of a box trap; the cost of trapping with dart'guns and drugs is largely comparable the cost of sharpshooting. Is it humane? A propedy constructed trap is unlikely to injure the deer. If the trap is checked with sufficient frequency, the trapped animal is unlikely to suffer significant trauma from the stay in the trap. To minimize trauma in transport, trapped animals must not be held for long pdor to transport. Even with prompt transport, experience with trap and relocate methods suggests that a 4% mortality rate is to be expected dudng transport, 26% delayed mortality due to stress induced by the experience, and between 58% and 85% mortality in the following months. In sum, while well-intentioned, it is difficult to describe relocation of deer as humane; for this reason, the HSUS opposes trapping and relocation of deer. Is it safe? Propedy managed box traps pose very little dsk to people. Is it effective? Yes, assuming that an appr0pdate release site can be located. This is not easy, as few sites in the Midwest have the combination of adequate habitat, low deer population and willing human stewards that this method requires. This method is selective; if only does are to be relocated, bucks caught in a trap may be easily released. What does it cost? The cost depends on trap placement and deer population. Frequency of trap monitoring and other duties the monitors may have adds uncertainty. North Oaks, Minnesota reports a cost per deer capture of $131. Urban trapping for live release has been reported to cost between $113 and $800 in Wisconsin and Long Island, respectively; total costs including transport have been reported in the $300 to $1,000 range. Frequent trips wfth small numbers of deer are more humane but more expensive. Is it legal? Currently, the Iowa DNR does not recommend this method for deer, but it is routinely used for dealing with waterfowl and small animals. Committee Conclusion The Committee does not View trap and relocate as an option due to the high mortality rate and the unavailability of areas to relocate deer. Winter 1997/1998 Deer Management Plan 6 10117/97 Bow Hunting Suggested regulations for bow hunting in urban areas assume that the hunter shoots from a fixed stand, waiting [here until the deer comes to the hunter. Stalking or dnving deer is not recommended. While the use of elevated stands is common, it is not required. The Committee assumed the imposition of stdct hunter education and certification standards such as have bcc. n adopted in Watedoo in addition to similar regulations goveming hunter behavior. These have a demonstrated track record of directly addressing some of the more severe criticisms of the humanehess and effectiveness of bow hunting. Without these, the Committee's judgment of bow hunting would be harsher. Some Committee members reject bow hunting under any circumstance. Is it humane? Bow hunting rarely leads to instantaneous death. Estimates by hunters indicate that bow hunting cdpples more animals than gun hunting. A crippling injury is defined as one which does not kill, and after which the hunter fails to find and kill the injured animal. The Waterloo experience suggests a significant degree of success. Recent studies appear to confirm the notion that crippling rates from bow hunting in relatively cramped settings such as are encountered in fringe area urban deer management are indeed lower than the crippling rates reported for bow hunting in general. All studies the Committee reviewed were conducted by bow-hunting advocacy groups or funded by archery-related industries. Is it safe? Safe bow hunting requires open spaces, on the order of 8 to 10 acres per hunter, a requirement that precludes bow hunting in developed areas, even where lot sizes are large by urban standards. A hunter shooting from the center of a square 8 acre parcel will be 100 yards from any point on the perimeter; typically, the hunter will not shoot at targets over 25 yards away. The additional 75 yards make it likely that any deer that are killed will die before leaving the area. State of Iowa Code #481A. 124 requires the consent of the owner of the property on which a hunter hunts and the consent of the owner or tenant of any inhabited structure within 200 yards. It is not obvious that this applies to bow hunting (the law refers to discharging firearms or shooting game), but Waterloo's bow-hunting regulations have adopted this 200 yard figure and in addition prohibit hunting from a stand nearer than 25 yards to a public trail. Is it effective? Yes, assuming that sufficient numbers of hunters are willing to comply with the additional regulations governing hunting in the city. Bow hunting is moderately selective. The hunting season is before the bucks shed their antlers, so gender is faidy easy to determine. Hunting traditions place a high value on killing older bucks - the so-called trophy bucks with large and many-branched antlers. This is of little use if population control is the goal. If bow hunting is to be used as an effective component of a population control plan, hunters must be induced to kill does. Winter 1997/1998 Deer Management Plan 7 10/17/97 - What does it cost? The costs of a DRN-administered hunt are largely borne by the individual hunters who, through license fees, pay for the cost of regulating the hunt. These costs are partially offset by the value of the meat taken. DNR generally relies on individual hunters to police other hunters. If the City were to administer its own archery reduction program, the Committee assumed the City would put into place strict administration and law enforcement policing of hunter activity due to the urban setting. Is it legal? Yes, currently bow hunting is the only method o.f urban deer population control allowed by the iowa DNR. Bow hunting may indeed be legal within undeveloped areas in Iowa City, and there is evidence that some areas within the City limits are hunted faidy intensively. Bow hunting has had only minimal effect on the rate of deer population growth because hunters generally hunt only bucks, unless specific hunting regulations force the hunting of does. Committee Conclusion The Committee does not recommend bow hunting as an option for Iowa City for reasons related both to humane concerns and issues of hunt control. The Committee also concluded that the main reason to chose bow and arrow hunting over sharpshooting would be to provide a recreational actMty or sport for hunters. The Committee does not regard this as a goal of deer management within the Iowa City/CoraMIle urban area. Trap and Kill The Committee assumes the use of a baited box trap or modified clover trap. Trapping is typically done in mid to late winter. The Committee assumed that trapped animals will be killed by a gunshot to the head. Deer meat acquired by this method of slaughter is suitable for human consumption. IS it humane? A properly constructed trap is unlikely to injure the deer; and if the trap is checked with sufficient frequency, the trapped animal is unlikely to suffer significant trauma from the stay in the trap. The killing methods assumed are instantaneous and therefore humane. IS it safe? Propedy managed box traps pose very little dsk to people. This method is the only lethal method of deer population control safe enough to use in fully developed u~an settings. Is it effective? Yes, although the experience in North Oaks and Minnetonka, Minnesota suggests that it may not be sufficient, by itself, to control a large herd. As with trapping and rolocation, this method is selective. Deer may be released if they are not of the desired age and sex. What does it cost? The cost per deer trapped depends on trap placement, deer population, and weather conditions. The frequency of trap monitoring and the possibility that those who monitor the '~'~er 199711998 Deer Management Plan 8 10/17/9~" traps may have other duties between visits to the trap adds complexity. North Oaks, Minnesota reports a cost per deer capture of $131. The cost of carcass disposal or Dutchenng must be considered; the Ruzickas Locker in Solon has agreed to charge $35 to gnnd process a non-field dressed deer to 5-pound packages. Minnetonka, Minnesota has reported total costs of $209-$214 per deer, including meat processing. Is it legal? Currently, the iowa DNR does not allow this method. Committee Conclusion The Committee recommends trap and kill as an option to supplement sharpshooting over bait in areas where sharpshooting is not feasible. Sharpshoofing The Committee assumed the use of trained sharpshooters, most likely law enforcement officers, shooting high-powered dries over bait from a blind or other set position at night with the use of spotlights, typically in mid to late winter so the deer are hungry and easily attracted by bait. The bait must be approximately 50 yards from the sharpshooter to allow accurate shooting without the deer sensing a human presence. Deer meat taken this way is suitable for human consumption. Sharpshooters who have been involved in such work report that it is extremely unpleasant with none of the elements of hunting, and no sense of sportsmanship or of giving the deer a fair chance. Is it humane? A high-powered rifle can cause instantaneous death; from the point of view of the individual deer, no method of killing is more humane. Of all weapons for killing at a distance, high- powered rifles are the least likely to inflict an inhumane wound, one that cripples or kills slowly. The likelihood of such injudes is reduced even more by using trained sharpshooters and a bait station to attract and hold deer for the kill. Is it safe? The safety of this method depends on the range selected, as defined by the location of the bait station and shooting station. The safest ranges are those that position the shooter and bait so that bullets are directed into the ground. Safe ranges are unlikely to be available in built-up areas. Is it effective? Assuming that there is an appropriate range, yes. This is the method of choice for urban deer population control in Illinois and in some Minnesota and Wisconsin communities. Deer age and sex can be hard to determine at a distance at night, particularly in the winter after the antlers have been shed. Other communities utilizing sharpshooting, however, have determined sex selection to not be a prohibiting factor. Studies have shown, and DNR advisors concurred, that sharpshooting is more effective at reducing larger numbers of deer than bow and arrow hunting, the only currently allowed method in Iowa. The DNR indicated a large percentage of the deer population must be eliminated from the Iowa City/Coralville herd the first few years. VVinter 1997/1998 Deer Management Plan '9 10117/97 What does it cost? The cost per deer killed depends on many variables but ,s dominated by the wage paid to the sharpshooters. Bloomington, Minnesota has reported average costs of $183-$194 per deer in 1993. Costs as high as $260 have been reported in the Chicago metro area. A report from Wisconsin estimates $74 per deer (excluding processing). The cost of carcass disposal or butchering must be considered; the Ruzickas Locker in Solon has agreed to charge $35 to gdnd process a non-field dressed deer to 5-pound packages. Local law enforcement officers who would be independently-contracted to shoot have expressed interest in charging a rate of $50 per deer rather than an houdy wage. Is it legal? This method involves night shooting, over bait, with lights and high-powered rifles. The Iowa DNR does not currently allow hunters to use any of these methods. The DNR must amend administrative policy in order to authorize sharpshooting for urban deer management. Committee Conclusion The Committee recommends sharpshooting as the most effective, efficient, and humane method for reducing the Iowa City/Coralville deer population. COMMITTEE DECISIONS MANAGEMENT DISTRICTS The Committee divided the Iowa City/Coralville community into twenty distinct Deer Management Districts. The districts were determined based on natural/man-made barriers along with the ability to implement management techniques in each District. CARRYING CAPACITY/RECOMMENDATIONS The Committee agreed to the following deer population carrying capacity and recommendations. I)-24 deer/square mile Recommend educational matedal on living with deer. A brochure should be designed to answer citizen questions and encourage an attitude of living with deer. A resource library of printed materials should be established so people would have easy access to information. The Committee also accumulated a large number of resources for City use. 25-34 deedsquare mile Review on a complaint-by-complaint basis. Educational material may be recommended or reduction methods could be implemented depending on the management area, number of complaints, and/or types of damage. 35+ deedsquare mile Reduction must be implemented. At this level, deer pose threat to the ecosystem. Timely announcements (utilizing City public information distribution methods such as City News, Government Channel 4 and media releases) advising the community on the approved plan and actual implementation information are necessary. Review of the twenty Deer Management Districts indicates that four warrant methods for educating citizens on 'living with deer" and seven warrant some killing of deer. Winter 199711998 Deer Management Plan 10 10117/97 ' .. 199'7/1998 DEER tv~ANAGE/'v~ENT PLAN s the unanimous decision of the 1997 Iowa City/Coralville Deer Management Committee that the Iowa £~ty City Council resolve that the City Manager is authorized and directed to implement the Winter 997/1998 Deer Management Plan for the, that shall include the following elements: The City of Iowa City will develop a comprehensive educational program that will provide Iowa City residents with information on deer seasonal habits and guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be distributed with each new residents' packet and information broadcast regularly on Government Cable Channel 4. The City of Iowa City will organize public information meetings regarding the methods of deer management listed herein. The City of Iowa City will evaluate and, where appropriate, install or petition the State of Iowa or Johnson County to install on roadways under their jurisdiction, warning signs and/or reflectors that may reduce the likelihood of vehicle/deer accidents. In addition, to minimize deer/vehicle conflict, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. The City of Iowa City will actively work with the State of Iowa Department of Natural Resources to fully understand and strongly support their efforts to control the deer population for which that agency is responsible and which affects the health, safety, and welfare of Iowa City residents. The City of Iowa City will immediately apply for permits from the State of Iowa Department of Natural Resources to implement the plan to kill 109 does within the Iowa City corporate limits utilizing sharpshooting and trap and kill dudng the winter of 199711998. The specific areas for reduction are to be Management Districts 2, 3, 4, 5, 6, 7, and 15. A map defining'the Management Districts is attached. 8 The City of Iowa City will fully comply with all rules and regulations promulgated by the Iowa Department of Natural Resources governing killing of deer, will exercise great caution and safety in implementing the program, will utilize the most humane methods available, and will ensure the deer meat is processed for distribution to agencies involved in feeding the hungry and the homeless. A program of public education about the management plan will be implemented to ensure that the public is aware of this activity and of safety measures. The City of Iowa City will appropriate the sum of $15,000 to implement the Deer Management Plan outlined in this Resolution for the pedod through February 28, 1998. The City of Iowa City will pursue a study in cooperation with the Humane Society of the United States of the feasibility of deer immunocontraception within its corporate limits. The City of Iowa City will compile data on deer management including but not limited to vehicle/deer accident information, citizen complaints, and an annual helicopter count. In addition, the City Council will convene a meeting of the Iowa City/Coralville Deer Management Committee in the Spdng of 1998 to review and recommend options for the pedod of October 1, 1998, through March 1, 1999. The City of Iowa City will conduct an evaluation of the effectiveness of this Deer Management Plan at the City Council Formal Meeting no later than Apdl 30, 1998. A report will be filed with the State of Iowa Department of Natural Resources. Winter 1997/1998 Deer Management Plan 11 10117/97 GLOSSARY BIOLOGICAL CARRYING CAPACITY: Biological or single-species carrying capacity is the number of animals of a particular species that a given range can support. CULTURAL CARRYING CAPACITY: Number of animals of a particular species that can co-exist compafibly with human populations that have been encouraged to employ all non-lethal options to deter conflict with the animal population. ECOLOGICAL CARRYING CAPACITY: Number of animals of a particular species that a given range can support without that species driving other species out of that range. HUMANE: Marked by compassion, kindness, mercy, and/or consideration for animals. MODIFIED cLOVER TRAP: A trap consisting of mesh sides and a metal frame used to detain an animal. STEPHENSON BOX TRAP: A trap of sturdy wood construction, 10' long, 4' wide, and 4' high, used to detain an animal. Winter 199711998 Deer Management Plan 12 10/17/97 - EXHIBIT "D" Prepared by: Lisa Handsaker, Admin. Asst., 410 E. Washington St., Iowa City, IA 52240 (319) 356-5010 RESOLUTION NO. 97-367 CONSIDER A RESOLUTION ESTABLISHING THE CITY OF IOWA CITY'S WINTER 1997198 DEER MANAGEMENT PLAN. WHEREAS, the City of Iowa City has conducted a study of deer herd population and management options, and; WHEREAS, the City of Iowa City has determined that steps must be taken to develop and implement a Deer Management Plan for 1997/1998 that will be designed to provide needed relief and protection of property owners and motor vehicle operators within the corporate limits of Iowa City, and; WHEREAS, the Mayor and City Council are prepared to take this action after considering the history of this issue, the effectiveness of alternative methods made available, and the City's inherent obligation to protect the health, safety, and welfare of all Iowa City citizens. NOW, THEREFORE BE IT RESOLVED by the Mayor and City Council that the City Manager is hereby authorized and directed to implement for the Winter of 1997/1998, the Deer Management Plan that shall include the following elements' The City of Iowa City will develop a comprehensive educational program that will provide Iowa City residents with information on deer seasonal habits and guidelines for limiting localized deer damage through the use of repellents, screening, alternative plantings, and other techniques. Educational materials will be distributed with each new residents' packet and information broadcast regularly on Government Cable Channel 4. The City of Iowa City will organize public information meetings regarding the methods of deer management listed herein. The City of Iowa City will evaluate and, where appropriate, install or petition the State of Iowa or Johnson County to install on roadways under their jurisdiction, warning signs and/or reflectors that may reduce the likelihood of vehicle/deer accidents. In addition, to minimize deer/vehicle conflict, thoughtful consideration will be given to deer migratory paths as transportation improvement projects are approved by the City Council. The City of Iowa City will actively work with the State of iowa Department of Natural Resources to fully understand their efforts to control the deer population for which that agency is responsible and which affects the health, safety, and welfare of Iowa City residents. The City of Iowa City will immediately apply for permits from the State of Iowa Department of Natural Resources to implement the plan to kill 109 does within the Iowa City corporate limits utilizing sharpshooting and trap and kill during the winter of 1997/1 998. The specific areas for reduction are to be Management Districts 2, 3, 4, 54,7 Resolution No. 97-367 Page 2 The City of Iowa City will fully comply with all rules and regulations promulgated by the Iowa Department of Natural Resources goveming killing of deer, will exercise great caution and safety in implementing the program, will utilize the most humane methods available, and will ensure the deer meat is processed for distribution to agencies involved in feeding the hungry and the homeless. A program of public education about the management plan will be implemented to ensure that the public is aware of this activity and of safety measures. o The City of Iowa City will appropriate the sum of $15,000 to implement the Deer Management Plan outlined in this Resolution for the pedod through February 28, 1998. The City of Iowa City will pursue a study in cooperation with the Humane Society of the United States of the feasibility of deer immunocontraception within its corporate limits. The City of Iowa City will compile data on deer management including but not limited to vehicle/deer accident information, citizen complaints, and an annual helicopter count. In addition, the City Council will convene a meeting of the Iowa City/Coralville Deer Management Committee in the Spring of 1998 to review and recommend options for the period of October 1, 1998, through March 1, 1999. o The City of Iowa City will conduct an evaluation of the effectiveness of this Deer Management Plan at the City Council Formal Meeting no later than Apdl 30, 1998. A report will De filed with the State of Iowa Department of Natural Resources. NOW THEREFORE, BE IT FURTHER RESOLVED that the City Manager is to proceed immediately to ensure implementation of this Deer Management Plan for the Winter of 1997/1998 and to keep the Mayor and City Council fully apprised of the status of this plan throughout its development and implementation. Passed and approved this 21st day of October ,1997. CITY'CLERK MAYOR City Attorney's Office mg~es~leerres.wlp5 DEER MANAGEMENT DISTRICTS ' F EXHIBIT "E" Memorandum CC: From: Date: Re: Steve Arkres, City Manager R.J. Winkelhake, Chief of Police J. Steffen, Sergeant of Planning and Research October 22, 1997 Car/Deer Accidents OC7' ?2, 1997 CITY H,4NA tli UFFI££ This memo is a summary of the motor vehicle/deer accidents that occurred within the city limits of Iowa 'City. The totals for each area are from January 01, 1997, through October 22, ::~.ii~ii: i~.:1~::::~ Dubuque Street near Foster Road bad 3 accidents resu16nE i~ $3?50 worth of .~.ii!iiii~i!~11.~ilWere 2 reports on First Ave. North of Rochester Ave. that resulted in $1250 of .~ii:i~:iii::i!~i.NOrtb Dodge Street fro~ Prairie ~ Chien to 1-80 there were 5 accidents. 1'he ii :-~/~:Tn tl~ree of the cases the deer died and DNR saJvase tass were issued. The deer died one and the carcass was disposed. The last one the deer ran · There were 3 accidents on Hwy 218 that resulted in $5300 worth of damage. Twice the deer ran away and the other case the deer died and was disposed of by DOT. Four accidents were reported on 1-80. In three of the cases the deer were not found. The last one the deer died. These four accidents resulted in $9225 worth ofclamage. · One accident was reported in the 3000 block of South Gilbert in which the deer died and $500 damage was done to the car. · A car/deer accident on Lower Muscatine at Ash Street ended with $5 worxh of damage and the deer died. Year to date there have been 19 reported motor vehicle/deer accidents. This resulted in $27,730 worth of damage, not including one accident where the car left the scene. Eleven deer died at the scene of the accident and in 9 cases the deer ran from the scene. This October 22, 1997 compar~ to all of 1996 where the Iowa City Police mveaxigat~ 15 motor vehicle/deer accidenta. Th~ damage total waa S10,:~00 with four accidm~ with unknown damage b~cau~e r~ car 1~ the sceae. ~r, Iowa City Police cove, red oaly oho cat/deer accident on 1-80 and Hwy. 218 la.nt year. ~ year there have been 7 that rea~ in $14,~2~ worth of IOWA CITY POLICE DEPARTMENT 410 EAST WASHINGTON STREET, IOWA CITY, IOWA 52240 (319) 356-5275 · FAX # (319) 356-5449 Memo To: Dennis Mitchell From: Sgt. Jim Steffen Date: November 26, 1997 Re: Car-Deer Accidents Dennis since my memo date~10~22-97 to Steve Atldns the Iowa City Police Department has' covered five (5) other accidents. These accidents resulted in $2500.00 worth of damage to motor vehicles. In one case the car left the scene so a damage estimate was not made. · Page 1 POLICE SHARPSHOOT~N'G POPULATIONS EXHIBIT "F" AS A METHOD TO REDUCE UR.B.-k.x; DEER MICHELLE L. STRADTMANN', School of Natural Resources, Universiw of Missouri, Columbia, MO JAY B. McANINCH, Department of Natural Resourvaes, Madella, MN ERNIE P. WIGGER$, School of Natural Resources, University of Missouri, Columbia, MO .ION M. PARKER, Department of Natural Resources, St. Paul, MN High deer populations in urban communities zreate traffic hazards, concerns about human health, and cause extensive damage to native and planted vegetation. While many residents expect these issues to be resolved, they are often unwilling to accept the use of traditional management methods. Variations of controlled hunting have been the prima.qt methods used to manage deer numbers (Palmer et al. 1980, Ellingwood and Caturano 1988, Deblinger 1990), although trap and transfer has also been reported (Bryant and Ishmael 1990, Jones and Witham 1990, O'Bryan and McCullough 1985). In response to concerns about cost, safety, efficiency and public acceptance, sharpshooting has been proposed as an alternative (Witham and Jones 1992, Ishmael and Rongstad 1984). However, only limited information exists on the actual cost, efficiency and safety of the technique. In 1991, the Minnesota Valley Deer Management Task Force (DMT1D developed a deer management plan for the cities of Bloomington, Bumsville, Fagan and Mendom Heights, Minnesota (McAninch and Parker 1991). The DMTF recommended a variety of methods to control and manage deer populations including sharpshooting. On the basis of the DMTF recommendations, a 3-year sharpshooting program, using police officers from the Bloomington Police Department (BPD) was adopted in the city of Bloomington. We discuss the development, administration and implementation of the BPD sharpshooting program in Bloomington and present data on cost and efficiency. We also discuss safety concerns and public reaction to the program. .M2ETEIODS Program development Sharpshooting was approved as one of several redgction options by the Bloomington Natural and Historic Resources Commission (NHRC) and the Bloomington City Council for a 3-year experimental .~e~.oct. A number of agencies participated in the ctevelopment and implementation of the sharpshooting Department of Natural Resources, Madelia, MN program (Table 1). The program was coordinated by the Bloomington Planning Division under special permit granted by the Minnesota Department of Natural Resources CDNR) to the BPD. Staff from the DNR Section of Wildlife acted as advisors for the program, the BPD provided sharpshooters and the Parks Maintenance Department (PMD) and DNR, Division of Law Enforcement handled logistics. Deer population reduction goals for selected areas within the city were developed by the DNR and were based on helicopter counts, population modeling and density goals of 15-25 deer per square mile. Program implementation The sharpshooting task was assigned to the Special Operations Unit of the BPD. The Special Operations Commander was in charge of supervision, data collection and budgeting and made administrative adjustments to the program as needed. Officers were recruited and provided with an explanation of the program and expectaxions for time commitment and p~fformance. Officers were required to supply their own fu-e~rms (.222 to .243 caliber rifles with scopes), pass a shooting t~t and receive BPD authorization for a non°standard weapon. To pass the shooting test, officers had to hit a 7' (1Scan) diameter target at 25 (23m) and 50 (46m) yards, 10 seconds after a 'fire' comma-d was given. Officers were also required to attend an orientation session that covered a wide range of topics, from public interaction to safety standards and shot placement. Throughout the program, emphasis was placed on public safety. Officers were instructed ~o shoot only toward adequate backstops, use only one shot to kill each deer, and to remember safety was more important than killing deer. Deer were shot within predetermined shooting lanes and from stationary. positions such as a stand or vehicle. Deer were only to be shot while they were standing or walking slowly. To eliminate deer running after the shot, officers were instructed to use only neck shots. Officers were advised to allow deer to Table I. Agency participation in the sharpshooting program m Blc~mmgton. Mumesota, 1991-1993. Agency/Organization Bloomington Natural and Historic Resources Commission and City Council Bloomington Planning Division Bloomington Police Department Participation Deer feeding ban Approval of program and final recommendations Waiver of fireanm discharge ordinance Deer Management Plan update DNR permit application Public notification of program Coordination of program review Budgeting Bait site selection Sharpshooter supervision Data c, ollection Bloomington Parks Maintenance Department of Natural Resources - Section of Wildlife Department of Natural Resources - Division of Law Enforcement Bait site selection Sign posting Maintain site access and baiting Carcass collection Permit allocation Bait site selection Advise police department Assist in program review Bait site selection Distribution of carcasses begin feeding before shooting to give time for other deer to arrive at bait sites. If shooters had the option, adult females or other angerless deer were to be shot f'u'ato Bait sites were selected based on proximity to deer concentrations, access for vehicles and opportunities for safe shooting. Residents were notified of the locations and dates of the program through local newspapers. Letters were also sent to residents bordering each shooting area. In 1991-92 (PYI) sites were baited with five gallon pails of shelled or cared corn 1-2 weeA~ before shooting began and checked or replenished as needed. In 1992-93 (PY2) and 1993-94 (PY3), 500 bushels of corn were placed at bait sites 2 weeks before shooting began and repleni,~hed as needed. Sig~ were posted at all park access points and along public trails one week prior to the start of shooting. When officers were assigned to shoot, they reported to the BPD dispatcher at th~ start of their shift and checked out ,mmunition, spotlights and radios. Officers usually arrived at bait sites at dusk and remained at the site for 3-5 hours. Dead deer were removed from bait sites so that approaching deer would not become wary. Officers returned to the station to file activity reports and return equipment. Activity reports included information on hours on duty, bait site number, sex and age of deer observed, deer killed and shots fired. Carcasses were collected immediately following sharpshooting, were field dressed, and females examined for presence of feu.tses. Carcasses were delivered to the DNR, Division of Law Enforcement for final disposition to charitable organization. In PY1, in addition to shooting over bait, 3 drives were conducted. While the drives were not as controlled as shooting over bait, every attempt was made for drives to be conducted safely. Sharpshobters were set in positions with adequate backstops and each carried hand-held radios. Some drivers also carried hand-held radios and guards were posted at park prevent people from cutering the park ~narp. shooting. Ln :.992 and 1993, ~e Bloomington planning Department coordinated the program review in :.onjtmction with PMD, BPD and DNR-Section of Wildlife. NI-{RC reviewed the program and made adju.stmcnts based on recommendations from the group. NHRC forwarded their recommendations to the City Council who provided approval for the following year. .Analysis Succe.,s rates (deer killed/tit) were calculated by dividing the amber of houm Sharpshooters were on duty (not just in the field) by the number of de~r th~at killed. Cost per deer was calculated by dividing the number of deer killed into the total oast$ for the program. Program costs included daily BPD administration. Sharpshooter wages, wages for staff to dispose of deer and maintain bait sites, equipment and bait. Costs for staff to conduct drives in PYI were included in the total cost~ for that year. Differences in success between years, officers, bait sites and weather conditions were tested using the Kmakal-Wallis statistic. Daily maximum temperature, daily snow cover and snowfall information was obtained from Minneapolis/St. Paul International Airport. RESULTS AND DISCUSSION The BPD sharpshooting program ran from 18 November to 13 March in PYI, from 16 November to 12 February in PY2 and from 15 November to 27 February. in PY3. In PY1, 21 officers participated in the program and ear& worked an average of 2.9 shifts (range--1-8) (Table 2). In PY2, 16 officers each worked an average of 4.3 allills (ratlge=l-10). In PY3, only the 9 most efficient officers from PY2 participated in the program and each worked an average of 10.7 shifts (range=6-22). An average of 1.7, 1.5 and 2.3 sharpshooters worked .:>er sight m ?Y[. PY2 and PY3, respectively. Sharpshooters killed 135 deer in PYi, 167 deer in PY2 and 152 deer in PY3 (Table 3). In PYI, 40 of the deer were killed during 3 drives conducted along a creek bottom. The portion of the total kill that were adult females (~ 1.5 years) ranged from 30% in PY1 to 42 % in PY2. Conversely, the portion of kill that were adult males ranged from 27% in PY1 to 19% in PY2. Fo~ bait sites were used in PY1, 6 in PY2 and I0 in PY3 (Table 4). Sharpshooters worked an average of 52 hours (range=29o76) and killed an average of 24 deer (range=540) at each bait site in PYI. In PY2, sharpshooters worked an average of 45 hours (range--5-98) and killed an average of 28 deer (range=4-66) at each bait site. At each bait site in PY3, sharpshooters worked an average of 37 hottra (range=6-127) and killed an average of 15 deer (range =0-68). There were no significant differences in sucxe.~ (rate) between bait sites in any year (P>0.26, P>0.83 and P>0.06 in PY1, PY2 and PY3, respectively). These results were expected since all bait sites were carefully selected based on accessibility, safety and proximity to deer concentrations. In addition, l~rge mounts of bait were used to attract the deer to the site before and during shooting operations. No accidents occurred during the 3 years of the BPD sharpshooting program. Two complaints about shooting hours were received by BPD in PY2. The Planning Department received calls during each of the :3 years, but no specific complaints about the Sharpshooting program were taken. ln~tead, e.~llers inquired about the general deer management program, policy, alternative solutions, damage, deer feeding and disposition of carcasses. Table 2. Number of sharpshooting days, total sharpshooting hours and mean hours worked and deer killed per sha.rps2'~ooter during the Bloomington Police Sharpshooting Program, Bloomington, MLrmesota, 1991-1994. Sharpshooting days Sharpshooting hours Mean hours per ~harpshooter Mean deer killed per sharpshooter 1991-92 1992-93 1993-94 27 44 4i 237 270 383 11.3 16.8 411.5 (4-28) (3-4 I) (24-87) 4.5 10.4 16.8 (0-13) (0-24) (3-32) t20 Number or' deer killed at brat s~t¢s bv sex and age m the Blooming;or, Poi~'ce Sbar'?shcc~mg ,r:Y. ogram. 31o~rmngton. Minnesota. !991-1994. Number of deer killed Year Adult female Adult male Fawn female Fawn male Total 199t-92 30 (31%) 28 (29%) 16 (17%) 21 (22%) 95 1992-93 70 (42%) 31 (19%) 26 (16%) 40 (24%) 167 1993-94 55 (36%) 35 (23%) 30 (20%) 31 (21%) 151 Sharpshooters reported that they did not recover six deer in PY2 and 2 deer in PY3. All deer were recovered in PYI. One of the unrecovered deer was known to have been hit in the jaw from a bullet that passed through anothcr deer, but was never found. In most of the other cases, sharpshooters did not record any evidence that a deer was actually hit. In addition, while 3 calls were received regarding unrecovered deer in PY2, all showed no evidence of bullet wounds and were determined to have died from collisions with vehicles. Success rates for all sharpshooters combined did not differ between years On<0.01, x=0.40, 0.62 and 0.39 for PYI, PY2 and PY3, respectively). However, success rates differed among individual sharpshooters in PYI and PY2-but not in PY3 (P<0.001 in PY1 and PY2 and P>0.06 in PY3). Individual success ranged from 0 to 1.11 deerFar in PY1 (x--0.41), and 0 to 0.84 deer/hr in PY2 (x--0.50) and from 0.11 to 0.65 deer/hr in PY3 (x=0.37). Weather conditions varied between program years. There were no significant differences in snowfall between years (P <0.59, x=0.$3', 0.23' and 0.32' in PY1, PY2 and PY3, respectively) or daily maximum temperature 0a>0.39, x=30.2 and 28.5 and 25.6 C in PYI, PY2 and PY3, respectively) between years. However, there were significant differences in the amount of snow on the ground (P<0.001). An average of 8.8" (22.3cm), 3.9' (9.9cm) and 4.4' (11.1cm) of snow were on the ground on shooting nights in PY1, PY2 and PY3, respectively. Only 2 night~ (7.4%) had no snow cover in PY1, while in PY2 and PY3 there were 14 nights (31.8%) and 13 (31.7%) without snow cover, respectively. Success did not differ on days with or without snow cover (P > 0.94) or between days with <6' or > 6' of snow cover (P >0.52). These results were somewhat unexpected because snow, particularly when accumulated on the ground, was thought to effect the success of sharpshooting. The sharpshooting program cost $26,142 and $30,610 and $31,277 in PY1, PY2 and PY3, respectively (Figure I). Cost per' deer killed was $194 in PYI, $183 in PY2 and $206 in PY3. The single largest cost for the program was sharpshooter wages, which was expected because of the overtime wages paid. Success and costs of the BPD sharpshooting program compared favorably with other deer control program~ reported in the literature. BPD sharpshooters killed an average of 0.51 deer/hr, spent 1.96 hours per deer killed at an average cost of $184.85 per deer. Witham and Jones (1992) reported sharpshooters killed 0.37 and 0.39 deerFar at Ryerson Conservation Area and Chicago-O'Hare International Airport, respectively. Costs per deer at Ryerson Conservation Area were $287.98. Ishmael and Rongstad (1984) reported that shooting deer over bait took 13.5 hours (0.07 deerPar) and cost $73.95 per deer. However, shooters were paid $3.65/hr plus travel expenses whereas sharpshooters from BPD were paid an overtime rate. In this study, we believe there were many indirect as well as direct benefits to using police officers as sharpshooters. The primary advantages stemmed from the BPD ties to the community and the comprehensive training received by each officer. The public has open communication with the police department to register concerns. receive answers to questions or respond to emergencies. Because they were on duty while shaxpshootmg, officers followed public safety procedures as they would have on any assignment. In addition, officers were continuously briefed and updated in firearms and public safety standards. For these reasons, we believe residents felt very safe knowing police officers were the sharpshooters. In addition, the City Attorney in Bloomington felt the use of police officers was Bait (2.0%) Equipment (10,7%) Support wages (35.5%) Admlnlatrltion (6.6%) Sharpshooter wages (45.2%) Figure 1. Average annual costs for the Bloomington Police Department Sharpshooting Program, 1991-1994. preferred because their activities are covered by the city should an accident occur or a liability issue arise. Police commnr~ders also felt more comfortable having officers, who must report to them, conduct sharpshooting activities rather than a private contractor or shooter who would not have ties to the community, Finally, we believe negative public reaction to the program was minimi~'ed because residents were continually informed of the purpose and progress of the program. Open and honest communication with the public is important in maintaining apprecialion for and confidence in any public agency involved in decisions about highly emotional issues. LITERATURE CITED Bryant, B. K., and W. hhmael. 1990. Movement and mortality patterns of radio-tagged suburban and translocated suburban white-tailed deer. Pages 53- 58 in L. W. Adam~ and D. L. Leedy, eds., Wildlife Conservation in metropolitan environment& NIUW Syrup. Sec. 2. 264pp McAninch, 1. B., and J. M. Parker. 1991. Urban deer management programs: A facilitated approach. Tram. North Am. Wildl. and Nat. Resour. Conf. 56:428-436. O'Bpyan, M. K., and D. R. McCullough. 1985. Survival of black-tailed deer following relocation in California. J. Wildl. Manage. 49:115-119. Palmer, D. T., D. A. Andrews, R. O. Winters, and J.W. Francis. 1980. Removal techniques to control an enclosed deer herd. Wildl. Soc. Bull. 8:29-33. Witham, J. H., and J. M. Jones. 1992. Biology, ecology, and management of deer in the Chicago metropolitan area. Illinois Nat. Hist. Surv. Final Report, Proj. No. W-8?-R. 108pp. Deblinger, R. D. 1990. Crane Memorial Reservation and Crane Wildlife Refuge white-tailed deer management program: Annual Report, 1989. The Trustees of Reservations, Beverly, MA. 12pp. Ellingwood, M. R., and S. L. Camrano. 1988. An evaluation of deer management options. Comm. Dept. Envir. Protect. Public. No. DR-I 1, 12pp. Ishmael, W. E., and O. J. Rongstad. 1984. Economics of an urban deer-removal program. Wildl. Soc. Bull. 12:394-398. Jones, J. M., and J. H. Witham. 1990. Post- translocation survival and movements of metropolitan white-tailed deer. Wildl. Soc. Bull. 18:434-4.4 i. EXHIBIT "G" Expert: Put goal before kill method Minnesota wildlife biologist offers advice at Coe forum on handling deer overpopulation By Joshua Nichols Gazette news intern Communities with problem deer populations need to ask questions and gather all the informa- tion they can before deciding how to deal with the 3roblorn. That advice comes from Jay McAninch, a vildlife research biologist for the Minnesota )epartment of Natural Resources and an expert m urban deer, who gave two presentations at Coo ~ oLlege Thursday. "Too often the debate is immediately centered round what method to use," McAninch said. The community needs to look more closely at .'hat their deer population is nd what they want to achieve. ;efore settling on any one ~ethod, they should look at 'hat has been done and what is ~ost appropriate for their resi- ents." MeAninch's words come at a ..me when the control of urban -er is a hotly contested topic Eastern Iowa. While Iowa ::y and the DNR debate lether to use sharpshooters a special bowhunting season thin the city's deer popula- Jay McAnInch Urban deer s2eclaifs~ n. Cedar Rapids is in the middle of a spectal · ,,:hunting season that began last momh Not 'Knowing many particulars of either Mtua- ?...McAninch declined to comment o'. which 'ho*.'_~ would work best. Sharpshooting is popular because the communi, ty gets an extremely high degree of public safety and a fairly well coordinated effort, he said. The method also scores very high on humane issues since a quick death usually is assured. The problem with sharpshooting is the expense, McAninch said. Since the city must hire the sharpshooters and pay for processing of the deer, the method can cost as much as $400 per animal. While bowhtmting may lack sharpshooting's high degree of efficiency and effectiveness, it is popular because the hunters do not have to be paid and they take the deer with them. Also, it is quiet, McAninch noted. "No matter how you do it, shooting deer with a gun will still make noise and cause some resi: dents to worry about their safety," he said. The effectiveness of reflectors, like those recent- ly installed by the Iowa Department of Transpor* tation along the Marion bypass, has not been proven, McAninch said. When struck by a car's headlights, the reflectors throw a red beam that is believed to stop deer from crossing the road. : But no conclusive study has been done on themi McAninch said. "With new roads you are bound to have more accidents because deer are not used to a road being there," he said. "So by the time a year passes, it's hard to tell whether any change came from the reflectors or if they just changed their behavior naturally." McAninch related two court cases that illustrate how deer can be a liability problem for cities, A case in Minnesota concerns a commercial tomato grower whose produce was damaged by deer. In Connecticut, a suit has been filed over a car-deer collision that killed a person. In both cases, the cities could be held liable because they allowed the deer overpopulation to continue. he said. EXHIBIT "H" SHARPSHOOTER OUA-LIFICATION/TESTING PROCEDURES In order to insure human safety and humane euthanasia, agencies implementing deer herd reduction/control programs using professional sharpshooters must make arrangements to have the individuals, proposed as sharpshooters, tested/certified annually by appropriate Illinois Department of Natural Resources IDNR)- Division of Wildlife Resources (DWR) personnel. ALL other aspects of these programs (e.g., shooting/bait sites, meat processing facilities, carcass inspectors, charities to receive processed venison, etc.) must be approved by the IDNR-DWR authorizing biologist and the Forest Wildlife Program. The sharpshooter qualification process entails essentially 3 steps, listed in detail below: 1) ADplication: proposed sharpshooters must complete pertinent sections (highlighted) of a standard "Sharpshooter Application" form (attached). Applicants are permitted to use the back of the form or an additional sheet of paper if they require additional space for listing experience. The latter section should be filled out as completely as possible by the applicant since experience is of great importance when evaluating the qualifications of the applicant. Experience that should be listed includes:. firearm or hunter safety courses taken or taught by applicant, shooting clinics or competitions, training in use of firearms during military or police service, other marksmanship tests taken, type (and number of years) of hunting experience, etc. Applicant should indicate date, or age at the time, of completing hunter safety course, shooting competition, etc. 2) Shooting Proficiency Test: The proficiency test is - designed to insure that the proposed sharpshooter can consistently, accurately, and precisely hit a target similar in size to the one he/she will see in the field. This test is administered at a ~0 yard outdoor range. Applicants are allowed to use a bench rest since this simulates field conditions; unfortunately use of a public range for the test precludes shooting from an elevated position or at night with a spotlight which are also field conditions. The applicant must use the firearm and ammunition that he/she will be using in the field during the removal program. All firearms must have telescopic sights (i.e., scopes). The type of weapon to be used dictates the target size to be used for the test, humDer of shoss to be taken, and acceptable score: For all rifles, the 5est target is the "National Rifle Association (NRA) official 50-yard small bore rifle target" with 5 bullseyes. On the official test target which the applicant has signed and dated prior to attaching to the target backstops/holders, the applicant will discharge one round at each bullseye for a total of 5 shots. For centerfire rifles (k.218B cal.), the cutoff for certification is 46 out of a possible total of 50 points; the applicant must consistently place all shots within the "9-ring" which has a diameter of approximately 1.9 inches. b) For rimfire rifles (i.e.,.22 magnum caliber) (some text deleted) all criteria in "a" above apply except the point cutoff for qualification will be 47 out of 50 points possible. c) For 12-20 gauge shotguns with slugs, the target used for proficiency testing is the "NRA official 50-yard slow fire pistol target" with one bullseye. The applicant will discharge 3 rounds at the single bullseye. Cutoff for qualification is 27 out of a possible 30 points; the applicant must be able to group three shots within a circle of 5.5 inches in diameter. There is no time limit on the shooting proficiency test but the applicant is allowed only one attempt to certify per winter/removal season. For example, the agency or organization implementing the deer management program must inform the IDOC of potential sharpshooters to be tested. Next the shooting proficiency test will be administered by the IDNR no greater than 45 days prior to the proposed date for initiation/ implementation of the management program. The potential sharpshooters are allowed one attempt to qualify, and if unable to do so, they cannot be retested until the following year. Potential sharpshooters are expected to familiarize themselves with, and to follow, all rules of the firearm range used for the proficiency test. The applicant's kndwledge of his/her firearm and ability to safely handle a firearm will be evaluated during the proficiency test. Oral Interview: potential/proposed sharpshooters will participate in an oral interview before, at the time of, or after, the shooting proficiency test; the interview will conducted in person or via telephone. The number and types of questions are dictated by previous knowledge of, and familiarity with, the sharpshooter and his/her abilities, prior shooting and/or hunting (especially deer) experience, firearm training, previous participation in deer management programs as a sharpshooter, etc. The oral interview allows IDNR personnel to clarify any unclear or vague information listed on Sharpshooter Application form (e.g., experience); assess the applicant's knowledge of deer anatomy, biology, and behavior; assess the individual's motivation for wanting to be a sharpshooter; evaluate the applicant's knowledge of the proposed deer management program and program priorities; develop an initial impression of the ind<vidual's attitude toward the program, cooperativeness, and commitment to insuring human safety and program success. Additional Requirements: 1) Must be k 18 years of age. 2) If a resident of Illinois, must possess a valid FOID card and hunting privileges must not have been revoked. 3) If not a resident of Illinois cannot have been convicted of any felony or Game Code violations. NOTE: Although a sharpshooter candidate may initially be tested and approved by the IDNR after fulfilling the above requirements, tests, and interviews, his/her qualification as a sharpshooter is probationary and is continually evaluated (by the IDNR and the agency implementing the deer management program) during the course of the program. Any disregard for human safety, incidence of a high deer wounding rate, uncooperativeness or poor attitude, and/or other problems will result in the immediate revocaticn of the individual's qualification as a sharpshooter. OFFICER 14, 41 IOWA CITY POLICE DEPARTMENT NOVEMBER, 1997 11~1 9771~33 B~ ~u~j~ injjg w~~~g ~el ~d to ~ ~m ~d hold ~m to ~t ~s inj~es. 3~, 94 11-01 97710034 Public Intoxication Subject was under the influence of a hallucinogemc drug and refused get out of the middle of the street. He resisted officers attempts to lead him to the side of the road. Subject was taken to the ground and later taken to the hospital for treatment of his drug use. 20, 46 11-01 97710063 Assist Johnson County Sheriff's Department Subject was involved in a car chase with JCSD. When he finally stopped his hands were not visible so officers drew their sidearm. When he raised his arms, officers re-holstered and handcuffed him~ 20, 46, 37 11-01 97710066 Domestic Assault Public Intoxication After being placed under arrest the subject kicked a female, who was standing near. He was taken to the ground until he stopped resisting. 48 11-02 97710077 Open Coothiner Obstructing Officer While speaking with subject about an open container, he turned and ran away. He re/used to stop whcn officer ordered him too. He was caught and taken to the ground. He then stopped resisting. 37 11-02 97710109 Injured Animal A deer was struck by a car and the officer had to shoot it. 39 11-01 97710180 Medical Assist Subject fought with Paramedic by attempting to bite, kick, and hit them. Officer assisted by handcuffing and flex cuffing her. 11-05 97710197 Theft Officer was attempting to search a purse. pursuant an arrest. Subject pulled the purse away from officer. Officer applied a wrist lock and applied handcuffs. OFFICER 32 36, 98 11 38 6 32 51 28 26 11,23 DATE 1145 11-16 I1-16 11-17 11-19 11-20 11-20 11-21 11-21 I1-25 11-26 CASE # 97710517 97710558 97710578 97710622 97710665 97710702 97710728 97710745 97710766 97710920 97710970 INCIDENT Possession Under legal Age, Obstruction of Officer Public Intoxication Public Intoxication Sick Animal Injured Animal Pubhc Intoxication, Possession Under legal Age Injured Animal Sick Animal Public Intoxication Medical Assist FORCE USED Subject ran from officer. When she was caught her arms were pulled behind her back and she was handcuffed. Subject was uncooperativc and verbally abusive. He resisted while handcuffs were being placed on him. A wrist flex was used during cuffing. Officer assisted Deputies at the jail when subject resisted them. Officer helped hold him down and removed subjects shoes. Officer put down a sick raccoon with the Department's 22 cal. rifle. Officer pm down an inju~d deer with his sidearm. Subject attempted to walk away from officer. She was grabbed by the ann, which was then placed behind her back. She was then escorted out of the bar and Imndcu:ffed. Officer put down an injured deer with his sidearm. A sick raccoon was put down with the Deparunent's 22 cal rifle. Subject refused medical persounel's attempts to help her. Officer helped escort her to the ambulance by grabbing her arm. At one point she quit walking and had to be camed. Subject would not remove her billfold or hand from her pocket. Officer requested her to do so a couple of times. Officer grabbed her hand and removed it. along with her bilffold. Officer assisted medical personnel while they restrained a patient. One Officer helped handcuff the subject to the cot. The other officer held his head until he calmed down. 505 E. College Iowe City, Iow~ 5~40 3q ~33B-~B4 November 17, 1997 R.J. Winkaelhake, Chief of Police 410 E. Washington St. Iowa City, Iowa 52240 Dear Chief Winkaelhake: This week I had the pleasure of working with Detective Dave Brucher in providing training for BEP facilitators from across the state. Detective Brucher received excellent reviews from the participants at the close of our training. I've worked with Dave on a variety of co,m,~ttees and on a variety of cases over the years. Dave did an excellent job in presenting material on the range of abusive behaviors that perpetrators use. He also provided specific skills trainings for the facilitators on how to run the group. Dave presented this information in an articulate and concise manner. He not only respected the recipients of domestic violence, but also the men that had engaged in this behavior and exhibited this behavior to his trainees. I wanted to take a moment to thank you for the excellent work that Detective Brucher does, not only on the street in his investigations, but in the co~m~unity and in these trainings. Sincerely, .W., L.I.S.W. SERVING CEDAR. IOWn, nNCl JOHNSON COUNTIES ,'1 bin ire rsi-y o- ~01kT on -the 1Z/B4/97 89:16:33 319-345-4Z13 -> 31rJ35651]~ IOl~ Cl'l'~ CI,Ri!!{ Page Johnson Cmmty BOARD OF SUPERVISORS Sally Slutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonalhan Jordahl Stephen P. Lacina December 5, 1997 NATIONAL GUARD OF IOWA HEADQUARTERS 925 SOUTH DUBUQUE STREET IOWA CITY 2ND FLOOR CLASSROOM INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Work Session m discuss Strategic Planning a) Discussion re: the following: 1. Review of goals 2. Issue identification 3. Outcomes, goals, and priorities 4. Budget process 5. Staffing 6. Other 3. Adjourn h:~ag~ndas\ 199~ 12-05.doc 913 SOUTH DUBUQUE ST. P.O. BOX 1350 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 Home builders and the city of West Des Mo/nes · are at odds over who should pay for parks. The dispute is heading where most red-blooded 'C)Id too.' 'Did nM.= In 198~. ~ ~t e 0~, which ~ ~10~ p2y S2~ ~ nc~ ~11in~, ~ for ~ch ~N I~ ~ The Gazette, Cedar Rapids, iowa: Changes in cable channels may save city money, time City moves enhance channel identities, frees'library staffers By Jim' Jacobson Gazette Johnson County Bureau IOWA CITY -- Merging Iowa City Public Library's cable channel (channel 10) with the Government Channel (channel 4) will streamline both the li- brary's cable operation while making the two channels more identifiable to viewers. OfFicials from the library and the city's Cable Television Divi- sion have met to consider put~ ting video programming from both entities on channel 4, and puffing InfoVision, the city's in- teractive and multimedia ser- vice, on channel 10. InfoVision currently is shown on channel 4, alternating with government programming. The change would give each channel a stronger identity, which is better for viewers, said Drew Shaffer, Iowa City's cable TV specialist. It would also give some li- brary staffers more time to de- vote to library projects whfie saving money, he added. Library off'lcials had been con- sidering buying $5,000 to $7,000 worth of new videotape play. back equipment similar to the automated system channel 4 has. Currently library staffers manually change videotapes for playback. BY NOT buying the equip- ment and giving cable television personnel responsibility for playback and character genera- tion -- creating the printed mes- sages that often appear on cable access channels -- library staff- ers would be able to devote time to other tasks, including produc- ing more children's prog~am- ming, Library Director Susan Craig said. While the idea for combining the operations has been around for a whfie, Shaffer said that the increase in programming pro- duced by the city's cable divi- sion has also pushed the idea to Photo by Miranda Meyer, Gazette intem Matt Carberry of Iowa City, a production assistant with the city's cable television division, edits a documentary on the archaeology of Napolean-Park in Iowa City. the fore. According to Shaffer, the additional programming has relegated InfoVision to late nights. He would like to see viewers have access to it on a more regular basis. Putting it on channel 10 would achieve that goal. There is no timetable for when the merger would take place because a number of is- sues remain to be resolved, ac- cording to Shaffer. For instance, the question of how much input will library staff have in scheduling deci- sions needs to be addressed. Craig said she thinks a com- mittee representing the library and the cable television division would be a good way to handle the question. FOR THE most part, however, there should be few scheduling conflicts, she and Shaffer said. Scheduling difficulties could arise when live broadcasts are scheduled on both channels, such as a panel discussion from the library's meeting room and a City Council meeting. The likely solution would be preempting InfoVision on chan- nel 10 and putting the library's show in its place, Craig said. Another question that needs to be answered is how the city's cable division and the library should divide the $40,000 to $45,000 the library receives an- nually from cable franchise fees. Shaffer said discussions would likely center around how much his department should get for the extra work it would do. As far as Craig is concerned, "I'd like to see the library keep the entire amount. We have programming niches we'd like to strengthen" with the money, especially children's programs like story hour. Progress on the merger has been slow because the cable television division has a number of more pressing issues it needs to deal with, including the city's new telecommunications ordi- nance and TCI's planned cable improvements, Shaffer said. Meetings between library and cable television division staffers are expected to resume after Jan. 1. 1Z/OB/9? 09:2B:4G 319-345-4Z13 -> 3193565BB9 IDYA City CI~B~X ?age 08! [Johnson Counh..' [ Sally Stutsman, Chairperson Joe Bolkcom Charles D. Duffy Jonathan Jordahl Stephen P. Lacina BOARD OF SUPERVISORS December 9, 1997 INFORMAL MEETING Agenda 1. Call to order 9:00 a.m. 2. Review of the formal minutes of December 4th Business from Tom Goedken, Representative for Clifton Gunderson re: performance based budgeting. discussion Business from Carol Thompson, Sixth Judicial Chief Juvenile Officer and Brandon Beaudry, Case Worker Supervisor re: Juvenile detention costs. discussion Business from Kathy Penningroth, Chairperson for Historical Preservation Commission re: grant proposal for mapping three county parks. discussion 6. Business from the County Auditor a) Discussion re: Projects Funds. b) Other earmarking funds in Capital Projects and Rural Capital Business from the Assistant Planning and Zoning Administrator a) Review/discussion re: proposals for tax impact statement study. b) Other 913 SOUTH DUBUQUE ST. P.O. BOX 1~50 IOWA CITY, IOWA 52244-1350 TEL: (319) 356-6000 FAX: (319) 356-6086 12./BB/97 89 :Z9:14 319-345-42_13 -> 3193565BB9 IOOA CIT¥ CLERK Page BB2_ Agenda 12-9-97 Page 2 8. Business from the Board of Supervisors a) Discussion re: b) Discussion re: c) Discussion re: d) Discussion re: e) Reports t) Other various boards and commissions. budget process. (Joe) legislative issues. (Sally) space needs for new staff. (Sally) 1:00 p.m. - Work Session re: interviews for the Human Resource Administrator position. discussion a) Interviews for the Human Resource Administrator position (possible executive session to evaluate the professional competency of individuals whose appointment, hiring, performance, or discharge is being considered...)/discussion. · 10. 11. 4:30 p.m. - Meeting between Johnson Department Heads and Area Legislators a) Discussion re: legislative session. b) Other Discussion from the public County Elected Officials, 12/88/97 Bg:29:4B 319-345-4213 -> 319356,5BB9 IOl,,{~ CITV CLERK Page BB3 Agenda 12-9-97 Page 3 12. 13. December 10, 1997 - 9:00 a.m. - Continuation of interviews for the Human Resource Administrator position. discussion a) Interviews for the Human Resource Administrator position (possible executive session to evaluate the 'professional competency of individuals whose appointment, hiring, performance, or discharge is being considered...)/discus sion. Recess December 5, 1997 CITY OF I0 WA CITY Johnson County Board of Supervisors 913 S. Dubuque St. Iowa City, IA 52240 Dear Sally & Members of the Board: Enclosed is a notice for a pre-design meeting on Court Street Extended. This is a project which is in Iowa City's Capital Improvement Program for FY98. Since this portion of Court Street traverses property which is currently within County jurisdiction, I wanted to be sure you were aware of the project and the meeting that would be taking place next week. Iowa City is pursuing the construction of Court Street Extended as part of the growth that is occurring on our east side. Currently Court Street extends beyond Scott Boulevard approximately 700 feet. As it is extended it will traverse the Lindeman property and proceed east through the Windsor Ridge development to Taft Avenue. The portion of the extension which is being considered at this time is from the current terminus of Court Street to the Windsor Ridge property. This is illustrated on the enclosed map. After our pre-design meeting with interested property owners and neighbors, we will proceed with the design work, property acquisition, and then construction. If you have any questions about the design of the road or the technical aspects of this project, please contact Rob Winstead at 356-5145. If you have questions about the extension of the road as a policy matter and how it fits in with Iowa City's growth pattern, I would be happy to try to answer those questions. Sincerely,, Kar~h Franklin, Director Department of Planning & Community Development cc: City Manager ~ Council Rob Winstead bc\ltrs\5-1KF.doc 410 EAST WASHINGTON STREET · IOWA CITY, IOWA J2240-1126 · (319) 356-~000 · FAX (319) 356-J00g CITY OF I0 WA CITY COURT STREET EXTENDED PROJECT NEIGHBORHOOD PRE-DESIGN MlZ, ETING When: Where: Wednesday, December 10, 1997 8:00 - 9:00 p.m. Helen Lemme Elementary School - Media Center 3100 E. Washington Street, Iowa City The City of Iowa City is ready to begin design for the extension of Court Street from its easterly terminus (just east of Scott Boulevard) to the west line of Windsor Ridge Subdivision, a length of approximately 1,700 feet. A map on other side has been included for reference. The major items of work include grading, storm sewer, water main, paving and landscaping. Construction will most probably begin during the summer of 1998. Before we begin design, we would like to seek your input regarding the proposed improvements. If you have any questions prior to the meeting, please contact Rob Winstead, Public Works Office, at 356-5145. We hope you can attend. FYI: another Pre-Design meeting for sanitary sewer improvements along Westminster Street will take place the same night, at the same location, from 7:00 - 8:00 p.m. 410 EAST WASHINGTON STREET (' IOWA CITY, IOWA S~240-112i~ (' (JIq~) JSO-5000 · FAX (Jl*) JS~,-SOe9 PROPOSED COURT STREET EXTENSION CITY PRO.W_,CT ! Quadrangle Loc~on 1 SCALE 1:240g0 0 5 0 COI','TOUR II'q~]~VA~ 10 ~ NAllONAL GEO0~IC ~ DATUM 1929 December 9, 1997 Mr. Rory A. Fisher 53 Tucson Place Iowa City, IA 52246 Dear Mr. Fisher: CITY OF I0 WA CITY A copy of your e-mail dated November 5 was referred to me for a response. Perhaps it would be helpful if I briefly outline the City's snow removal policy. The appropriate equipment, that is the trucks, plow blades, sanders, etc. are normally changed over from our leaf collection mode to snow and ice control in late November of each year. This is a time consuming process and it can often depend on the weather forecast and the status of leaf vacuuming operations throughout the City. If any significant snow fall occurs prior to the changeover, it will require more time to mobilize our equipment and personnel for snow and ice control. This year, due to the late falling of leaves, we chose to extend our leaf vacuuming schedule. This was not without risk but we believed it to be a risk worth taking in order to meet the needs of our residents. Generally when a snow fall of less than three inches occurs, our streets are treated with chemical and abrasive mixtures (salt and sand). With accumulations of more than three inches, snow plowing is initiated. There may be exceptions made based upon predicted additional snow fall or other weather factors as well as the status of equipment that is available at the time. In either case, local streets are prioritized as follows: 1. Bus and hospital emergency routes. 2. Heavily traveled arterial collector streets and residential streets with steep slopes. 3. All other streets. Again weather conditions such as a prolonged or successive snow falls may cause a shifting back to higher priorities before all areas can be addressed. Once the higher priority traffic ways are able to be sustained in what we believe to be an acceptable condition, snow is removed from the Central Business District area. This occurs late at night. During the daytime the City snow plow crews continue to clear streets and intersections, often going back and cleaning up areas which a crew may believe needs additional attention such as pushing back the snow banks to provide for a more open thoroughfare and future snow storage. There are many judgments made and we rely on our snow equipment operators for their field assessment of the condition of streets as well as our Police patrols. Your neighborhood is in an open unsheltered area where winds and drifting can be more severe. Because it is a relatively level street, Rohret Road will continue to be a lower priority than bus routes and other heavily traveled artedal streets. You can generally expect Rohret Road to be cleared before residential streets in your neighborhood are addressed. We do attempt to get to all areas as quickly as possible after a snow fall or ice accumulation, however the amount of snow, the time of day, and the duration of the storm can impact how quickly this occurs. Compact, more densely developed neighborhoods with a grid street pattem are easier for speed of snow removal. Our community also permits on-street parking dudng snow storms, also causing special attention. 410 EAST WASHINGTON STREET · IOWA CITY, IOWA ~2240-1126 · (319) 356-$000 · FAX (319) 3:~6-J009 2 When fully mobilized we have 22 pieces of snow removal equipment in service. They are required to cover approximately 240 miles of City streets and roadways. We often measure the area to be served by curb miles, which is interpreted to be 480 miles in that street clearing most often requires a minimum of two passes by a snow plow operator. Wider streets require more passes, cul-de-sacs require other removal techniques, including hauling. With respect to the early snow fall on October 26, from my experience in Iowa such an event is rare for that time of the year. We were able to change over some equipment which had been originally set up for leaf collection. That equipment was to attend to the higher priority streets. The weather forecast for several days following the storm was for very warm temperatures (40s and 50s) and we felt that most of the snow would melt away quickly without the necessity of a full scale removal effort. Again a judgment was made. Our leaf removal is a high priority public service and is also labor intensive. In order to effectively serve our residents, the schedule of leaf vacuuming is closely followed. We were able to keep up with our leaf vacuuming schedule due to the decisions associated with our snow removal on October 26. You have stated you feel our snow removal policy is inadequate. The level of service provided has been established over time and reviewed periodically. I am also very familiar with effects of snow storms and snow removal in Minnesota as you noted. I lived in northern Wisconsin and am very familiar with the extent of the snow falls that can and do occur, and had many frequent winter time visits to the Minneapolis area. To my knowledge Minneapolis does not provide leaf vacuuming thereby relieving their streets workers of that responsibility. The success of our leaf vacuuming program and snow removal has much to do with Mr. Stockman but even more so with the crews that perform this work in the field. Snow removal crews are the same personnel who provide leaf vacuuming services. During snow removal operations they work 12 hours on and 12 hours off until the snow removal effort has been completed. We must admit that occasionally a street is missed, a vehicle parked in the street can be struck, and a particular route may not be cleared satisfactorily. We respond immediately when these matters are brought to our attention and I believe that the overall service is indeed adequate. Mr. Stockman's employees work under some very difficult conditions during snow removal operations and we rely on them to identify circumstances during snow removal that requires their attention, and expect them to attend to it. The City workers in the division that Mr. Stockman supervises are also responsible for not only snow removal and leaf vacuuming but also street sweeping, street construction and maintenance, refuse collection, street lighting, street signals, traffic signs and signals, and the construction of water distribution lines. We try to use our work force effectively as well as efficiently in performing a variety of street related maintenance activities. We will continue our efforts to provide as high a level of service as practically possible. If you have any additional questions please feel free to contact me. Sincerely, Stephe J A. tki~~~~4~' City Manager cc: City Council Streets and Sanitation Supervisor Im~ltr~sa 12-2.doc