HomeMy WebLinkAbout2011-11-22 Correspondencer
�= CITY OF IOWA CITY - -
IN- ' ®��� M E M 0 RA N D U M
Date: November 9th, 2011
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for November 22 "d, 2011 City Council meeting; Installation of (2) NO PARKING
BETWEEN SIGNS signs with ARROWS on Swisher Lane.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (10); Install (2) NO PARKING BETWEEN SIGNS signs with
ARROWS on the backside of the "T" intersection of Swisher Lane and the alley that provides
access to the 1000 block of Foster Road.
Comment:
This action is being taken at the request of the Refuse department to allow for the turning
movements of service vehicles.
_4 CITY OF IOWA CITY 3g(2)
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®,.� MEMORANDUM
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Date: November 9th, 2011
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for November 22 "d, 2011 City Council meeting; Installation of NO PARKING 6
PM — 6 AM signs for northbound traffic on Freedom Court.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (10); Install NO PARKING 6 PM — 6 AM signs for northbound traffic
on Freedom Court.
Comment:
This action is being taken to allow for business use of on- street parking on Freedom Court
during the daytime while prohibiting overnight parking. This action is also discourages long-
term storage of vehicles. Parking will remain prohibited for southbound traffic.
CITY O F IOWA CITY "-
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MEMORANDU
Date: November 9th, 2011
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for November 22 "d, 2011 City Council meeting; Installation of (1) NO PARKING
ANY TIME sign with ARROW at the cul -de -sac on the west terminus of Haywood
Drive.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (10); Install of (1) NO PARKING ANY TIME sign with ARROW for
at the cul -de -sac on the west terminus of Haywood Drive.
Comment:
This action is being taken to better allow for the turning movements of City service delivery
vehicles on the gravel cul de sac.
^ CITY O F IOWA CITY
3g(4)
MEMORANDUM
Date: November 9th, 2011
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for November 22 "d, 2011 City Council meeting; Installation of (1) NO PARKING
ANY TIME sign with ARROW for westbound Otto Street traffic near the intersection
with Lee Street.
As directed by Title 9, Chapter 1, Section 3B of the City Code, this is to advise the City Council
of the following action.
Action:
Pursuant to Section 9 -1 -3A (10); Install (1) NO PARKING ANY TIME sign with ARROW for
westbound Otto Street traffic near the intersection with Lee Street.
Comment:
This action is being taken at the request of the Streets department to facilitate City service
vehicle turning movements. This action will effectively extend the existing NO PARKING ANY
TIME zone at the intersection of Otto Street and Lee Street.
(5
Marian Karr
From: Rick Fosse
Sent: Monday, October 31, 2011 1:13 PM
To: 'timothy - nuccio @uiowa.edu'
Cc: Council; Tom Markus; Adam Bentley; Melissa Miller; Ed Moreno
Subject: FW: Metered Sewer
Mr. Nuccio:
Thank you for your e-mail about billing for water and sewer service. Let me see if I can address your questions.
Your first question had to do with billing for sewer based on water usage. You are correct that every drop of water that
comes out of the faucet does not go down the drain. In most cases that difference is so small that the cost of
monitoring and metering both would exceed any savings on sewer charges. In other words, if we were to install
mechanical devices to monitor and meter sewer flows as you have suggested, the overall cost of service to our
customers would be higher. If you are a customer that regularly waters your lawn or frequently washes your car, it may
be to your financial advantage to install a second water meter for outside use only. There is no sewer charge for water
directed through the second water meter. There is a cost to install and operate the second meter, so you will need to
decide if the amount of outside use you have will justify the expense. You can call our customer service folks at 356-
5066 if this is something you would like to learn more about.
Your second question had to do with the relative cost of wastewater verses water. Although it may not seem intuitive,
the process to clean wastewater before it is discharged to the river is more complex and energy intensive than the
process to clean river water to make it drinkable.
Your last question had to do with the large difference between two consecutive utility bills. We do monitor our 25,000+
water accounts for unusual water use. In the case of your address (607 Melrose Ave) the water usage was relatively
high from Oct. 2010 to June 2011 (1,000 - 3,100 cf). We notified the residents and offered assistance to investigate the
cause. The water account was put into your name on July 27, 2011. Since then you had one high month in August -
Sept. (2,000 cf) and a lower one in Sept. - Oct. (800 cf). Our staff will be happy to work with you to figure out the reason
for the large difference. We also have a program that can provide some reimbursement if problems are found and fixed.
Please call our customer service line at 356 -5066 if you would like to learn more and /or seek assistance.
I hope this helps answer your questions.
Rick Fosse
Public Work Director
- - - -- Original Message---- -
From: Tim Nuccio [mailto :timothy - nuccio @uiowa.eduJ
Sent: Thursday, October 27, 20114:31 PM
To: Council
Subject: Metered Sewer
I am very concerned about Iowa City charging for sewer service based on what goes through the water meter. It is
wrong to say that every drop of water that comes out of the faucet goes down the drain, and thus it is equally wrong to
charge people using the sewer based on usage when usage is not actually monitored, and is thus calculated from a
number that may differ.
I think the Iowa City Council should do something about this. If a private company were charging customers in this
manner, many would regard it as fraudulent. Not all of my water used in my household goes down the drain. Charging
me as if it did does not serve the interest of either party to the transaction and defies common sense. If the city is going
to charge for sewer service based on usage, it must determine how much I'm using, not simply infer it.
Also, charging more for sewer than it costs for clean water is outrageous. I don't know what's going on with this city, but
charging homes, especially those of students, these huge fees for water and sewer is totally inequitable. It'd seem that
some cost cutting measures are seriously overdue.
Last month, I received a $183 bill for water, sewer, trash, and recycling. This month, the bill was $83. Nobody at the city
has even bothered to try to explain why, other than to tell me that my toilets must leak, or have leaked in the past.
I hope the City Council cares about these concerns.
This correspondence will become a public record.
Timothy Nuccio
1D Candidate, 2013
Universiy of Iowa College of Law
Teaching Assistant I Economics
Office: W383 PBB
N
3g(6)
Marian Karr
From:
Chris O'Brien
Sent:
Thursday, November 03, 2011 11:22 AM
To:
robertpeterson56 @yahoo.com'
Cc:
*City Council
Subject:
FW: scooter /bicycle parking
Dear Mr. Peterson,
I want to thank you for your e-mail regarding scooter /bicycle parking in Iowa City. Beginning January 1, 2012, mopeds
and scooters will be prohibited from parking in bicycle racks. We have designated and painted stalls throughout
downtown for moped /scooter /motorcycle parking in several different areas to make sure that we offer enough spaces
to handle our peak demands. This will free up the bicycle racks for the purpose of bicycle parking while also addressing
the safety concerns that had arisen with motorized vehicles on the sidewalks.
Please feel free to contact me directly if you have any additional questions or concerns.
Thank you,
Chris O'Brien
Director of Transportation Services
City of Iowa City
(319)356 -5156
Chris-obrien@iowa-city.org
- - - -- Original Message---- -
From: Dale Helling
Sent: Wednesday, November 02, 201110:50 AM
To: 'ROBERT PETERSON'
Cc: Council
Subject: RE: scooter /bicycle parking
Dear Mr. Peterson,
Thank you for your email to the City Council regarding Scooter /Bicycle Parking. Council will receive it as official
correspondence included on the consent agenda of an upcoming regular Council meeting. I am copying this response to
Chris O'Brien, Director of Transportation Services. Chris will respond to your parking related question with an update on
a City project currently underway that addresses your concerns.
In addition, I am also sending a copy of this response to Capt. Jim Steffen, commander of Iowa City Police Department
Field Operations, to call his attention to your observations of bicyclists riding at night without lights. Officers do issue
citations or warnings for such violations. If there are particular areas where you are observing these violations, it would
be helpful if you could email these locations to Capt. Steffen directly at lim- Steffen @iowa- city.org . so that officers
patrolling these areas can be made aware.
Thanks again for your interest and for conveying your concerns to Council.
Regards,
Dale Helling
Dale E. Helling
Assistant City Manager
City of Iowa City
(319) 356 -5013
dale- helling @iowa - city.org
- - - -- Original Message---- -
From: ROBERT PETERSON [ma i Ito: robertpeterson56 @yahoo.com]
Sent: Tuesday, November 01, 20117:23 PM
To: Council
Subject: scooter /bicycle parking
Council Members,
Has there been any further discussion of the downtown off - street scooter parking problem? Once again let me voice my
preference for separating the scooters and bicycles. The other day I walked by Pancheros where there is a sizable bike
rack. It was completely surrounded by scooters allowing no bicycle parking at all. This also happens often by Atlas.
Please partition off a portion of the sidewalk for the scooters and prohibit them at the bike racks. In addition, is there
anything the council can do to promote the compliance with the city /state ordinances mandating bicycle lighting after
dark? As I cycle home from work each night at about 10pm I usually encounter 2 -3 cyclists with no lighting whatsoever.
I'm sure many of these folks don't know they are breaking the law as they risk their lives.
Cheers,
Robert Peterson
Iowa City
Marian Karr 39(7) _
From: Tom Markus
Sent: Wednesday, November 16, 2011 10:06 AM
To: clark.stephen295 @gmail.com
Cc: Marian Karr
Subject: Innoprise
Dear Mr. Clark:
Thank you for taking the time to share your thoughts on this important matter. Shortly after my arrival last December, I
became aware of Innoprise's failure. I found that City Council had been alerted to the problems by staff, including
through confidential memos and executive session. In my investigation of this software implementation failure, I found
that staff was in the process of negotiating the return of payments from the vendor. The City Attorney's office worked
with staff and the vendor on a repayment agreement. However, after the first payment was received, Innoprise
indicated their assets were purchased by another company, Harris Computer Systems, Inc. The City Attorney's Office
has filed a lawsuit against Innoprise, Inc. and Harris Computer Systems, Inc. and is pursuing recovery of the funds. To be
clear, while the contract amount approached $800,000, a lesser amount, $254,179, was actually paid to Innoprise as
progress payments.
You are correct that I, like recent City Managers before me, have authority only up to $50,000 for Professional
Services. However, this acquisition fell not under Professional Services, but Capital outlay. With the exception of "public
improvement projects" (construction contracts) that, in accordance with state law, require Council approval if in excess
of $100,000, expenditures for capital outlay require budget approval by City Council, but not approval of the specific
contracts. This authority is outlined in Council resolution no. 07 -261.
City Council approved a total of $1,000,000 in the Capital Improvement Plan for this software purchase at least four
times (2006- 2009). The State Auditor's Office routinely audits City finances, and awarded a clean bill of health, finding
no violations of signature authority. The City Attorney's Office also specifically looked at this issue, and found it to be in
compliance with Council resolution and the City's purchasing policies. That said, I am currently in the process of
preparing a recommendation to Council regarding the signature authority that Council delegates to the City Manager
and revising the purchasing policies with the assistance of the City Attorney's Office and our Purchasing division. Part of
that review is whether contracts of this size should have to go to City Council for approval. Because you mentioned the
possibility of hiring a Purchasing Agent, I will also note that our Purchasing division has five employees, including two
who are certified Professional Public Buyers. They were fully involved in this procurement.
In answering your questions about due diligence, I will say that I reviewed the procurement process that resulted in the
Innoprise contract. I won't delve deeply into detail, but will say that the decision, with the assistance of an outside
consultant, was not made lightly. Following a lengthy process, the decision was made to implement an enterprise
resource planning software solution. With the assistance of the consultant, a Request For Proposal (RFP) was developed
and sent to over 200 software companies located throughout North America and Europe. As required in the proposal, a
question and answer session for vendors was held and several vendors attended in person and by phone. One month
later, when the proposals were due, there were seven submissions. The submissions had quoted systems from
$800,400 to $5,064,651. Staff did not limit their analysis to initial cost. They reviewed the five year operating costs of
each proposal, finding a range of $1.2 million to $6.3 million. The difference between the lowest vendor and the second
lowest vendor was substantial, at $270,000. Staff also looked at vendor compliance to the proposal's requirements and
determined that the lowest cost vendor met the proposal requirements. Staff then proceeded to contact the required
six references and schedule software demonstrations of Innoprise, the lowest bid vendor. After satisfactory references
and software demonstrations, the project team staff and additional support staff went and performed site visits to
Colorado and Wyoming, where the software was developed, installed and running. Having completed the procurement
process without finding any problems, the contract was signed by the Interim City Manager.
Further City Council action followed when staff went to Council to hire a project manager to assist in the
implementation of the project. Staff prepared a memo for City Council review and discussed at a public meeting the
merits of the position. In January 2010, the City Council approved the hiring of a temporary project manager for this
software project. Staff went to Colorado for software training in April and was informed that Innoprise's Human
Resources /Payroll programmer had quit recently. After a second training trip in May, staff learned of Innoprise's
software trainer leaving the company.
During the negotiation of the software purchase contract with Innoprise, staff had constructed milestones that had to be
met by both Innoprise and City staff. In May of 2010, staff realized that Innoprise would not be able to meet the
deadlines. The contract provided either party opportunities to cure deficiencies. Staff thoroughly documented the
problems, and a series of demand letters were sent to Innoprise. During that period, other staff from Innoprise left the
company and were replaced by consultants hired by Innoprise. It quickly became clear that Innoprise would not be able
to deliver the promised software solution in a timely manner, if at all. Consequently, the City terminated the
contract. Staff negotiated with Innoprise following the termination for recovery of the $254,179 paid to Innoprise. A
settlement was reached for the return of $196,000, via monthly payments of $10,000. After making the first $10,000
payment, Innoprise paid nothing further, breaching the settlement agreement. The City Attorney's Office has filed suit
against both Innoprise and Harris Computer Systems, the company that bought the Innoprise assets, in an attempt to
recover those funds.
I hope this sheds additional light on the long and frustrating history with Innoprise, as well as addressing your concerns
about Council authorization and due diligence. Should you have any additional concerns, please feel free to contact me.
Sincerely,
Tom Markus
City Manager
Marian Karr
From: Tom Markus
Sent: Wednesday, November 09, 2011 8:00 AM
To: 'Stephen Clark'; Council
Cc: Eleanor M. Dilkes; Kevin O'Malley; Eric Goers
Subject: RE: City Council Oversight on Expenditures
We did receive your email and I am in the process of working with staff in preparing a response. Thanks for your
interest and you will be hearing from me shortly in direct response.
From: Stephen Clark [ mailto :clark.stephen295 @gmail.com]
Sent: Tuesday, November 08, 20117:02 PM
To: Council
Subject: Fwd: City Council Oversight on Expenditures
Hello. I originally sent this on November 2 and noticed there was no confirming email or response so I am re-
sending it. Sorry if it is a duplicate and forgive the intrusion. Thanks. Stephen Clark
---- - - - - -- Forwarded message ---- - - - - --
From: Stephen Clark <clark.stephen295kgmail.com>
Date: Wed, Nov 2, 2011 at 2:20 PM
Subject: City Council Oversight on Expenditures
To: councilka,iowa- city.org
Cc: matt- hayekkiowa- city.org, regenia- baileykiowa- city.or , mike- wright(a�iowa- city.or , ross-
wilbumkiowa- city.org, susan- mimsgiowa- city.org, raikpatelcitycouncil.com, mlpayne.322kgmail.com,
icdobsgaol.com, STEVEKCJJgaol.com, ithrogmokyahoo.com
I read with interest and considerable dismay the articles in the Press - Citizen and Gazette (9- 29 -11) regarding the
city's failed purchasing procedure for the $1.1 million software project. Having lived in other cities where the
city councils /mayors maintain strong oversight on expenditures, I was surprised at the lack of City Council
public response to this debacle. I was anticipating that staff would voluntarily submit a public document
outlining corrective procedures for future acquisitions to reassure the citizens and restore their confidence in
staff actions, or in the absence of that being offered voluntarily, that the Council would ask for such. Since I
have heard no word of this discussed by council in public session since, I feel obligated myself as a citizen to
point out some flaws which should be corrected to avoid similar occurrences in the future. This is a subject
related to my field of study, but most of what I point out below is more common sense than science.
Due Diligence?
The Finance Administrator Mr. O'Malley stated that "due diligence" had occurred because he checked
references for the low bid vendor and visited sites that operated that software alone. I do not believe "due
diligence" could possibly have occurred because only one firm was ever considered a finalist. Try to envision
you, as a City Councilor, having over $1 million of public taxpayer funds in your guardianship as you are
entrusted with the responsibility of choosing an financial software program for the city. Would you quickly
narrow down your options to just one vendor based on lowest cost, and hold demonstrations or analyze options
from not one other single vendor? It seems difficult to believe that such a major purchase be done in such a
cavalier and simplistic fashion.
In other comments made by the Finance Administrator in remarks to Gazette reporter Greg Henigan, the
Finance Administrator states that "if he had to do it over again, he would have given more consideration to the
company's relative youth," (note: five years old). When discussing the vendor's low bid, he replied "I'm
thinking that (low price) might have swayed us a little." Is this a professional response? Other cities go through
an exhaustive process, first to write an RFP to protect the interests of their city and avoid catastrophic poor
selection decisions, and then pursue even more exhaustive analysis and deliberation between vendors before
such an important decision is made. The process can often take years to complete. All deliberations and
decisions are documented publicly, as compared to this transaction in Iowa City which has absolutely no paper
trail. Should the Council at this time hire a professional Purchasing Agent to handle such complex and
expensive acquisitions so such a costly mistake doesn't recur?
Council Authorization?
In the Gazette article, City Attorney Erik Gores and Mr. O'Malley were quoted as saying that according to
"state law and city policy, the City Council did not have to approve the project." However, on page 25 of the
Iowa City FYI budget, it states that contracts for Professional Services in amounts over $50,000 require City
Council approval. Perhaps the staff members parse the words of this financial policy differently than I, but I
believe there is a discrepancy between policy statements and staff action in this instance.
But even if staff s interpretation of this Iowa City policy is correct and they could sign the contract themselves,
is it truly a wise policy to not require Council authorization for large purchases? Wouldn't you as Council
Members be the least bit interested in how your staff is spending over $1 million in hard -earned tax dollars?
The amount of trust in and authority relinquished to staff in such matters in Iowa City is really amazing to me
compared to other cities. I'm not accustomed to a city council that assumes such a subordinate role to staff.
With no public accountability reporting required from your staff, I do not find it surprising that this failure has
taken place.
Doing my own research, I proceeded to survey the 10 largest cities in the state of Iowa, and not one city could
legally have executed the $1 million software contract without their City Council approval. All of the
cities require City Council approval of purchases of goods and services in excess of either $25,000 (most often)
or a maximum of $50,000. Besides the largest cities, even Coralville would have also required City Council
authorization of such a contract. I ask, why is Iowa City the only major city, and most likely the only city in
Iowa which would allow staff to execute a contract for over $1 million without City Council authorization?
Attached is a sample of documentation Des Moines staff submits for Council consideration and approval for
expenditures for goods and services over $25,000. It is a good example of accountability and transparency when
committing public funds. It gives their Council confidence that true due diligence has been done by staff, and
also reveals to the public what level of care and deliberation has taken place when expending public funds. Just
having to write such a submission would remind staff of the procedures to follow and to document them
carefully. Why make it too easy to spend large sums of money without public documentation? I would
encourage the City Council to adopt a similar policy of requiring staff to actually document due diligence when
committing public funds by initiating a policy that requires City Council approval of larger purchases. If Des
Moines has the time to do it, why not Iowa City? What is a better use of time than to insure that public funds are
invested wisely?
Lastly, is it just a coincidence that the city with evidently the most lax requirements for transparency in public
expenditures also has the highest effective tax rate in the state of Iowa? Perhaps with a new City Manager on
board and there could be more aggressive internal management pressure to counteract the lack of
professionalism evident in current expenditure practices such as this software acquisition fiasco. You could also
inject more current best business practices into City Hall by initiating a "blue ribbon panel" of local business
executives, UI staff /faculty who could share their advice on complex expenditures and financial practices on a
volunteer basis. You would probably get better practical advice than you would receive by hiring consultants. I
urge the City Council to first and foremost look out for the interests of the taxpayers and not worry about
hurting the feelings or bruising the egos of staff members that have messed up. That comes with the territory of
being a public servant. And the people's business deserves to be conducted and discussed in the sunshine of
transparency and full disclosure. Thank you for your consideration.
Stephen Clark
Iowa City
DES MOA
Council
Communication
Office of the City Manager
AGENDA HEADING:
Date I April 12. 2010
Agenda Item No. 46
Roll Call No. 10-
Communication No. 10 -175
Submitted by: Michael Matthes
Assistant City Manager & CIO
Approval of annual software maintenance and support costs for Geographic Information System (GIS)
software licensed by Environmental Systems Research Institute (ESRI) Inc. (Redlands, CA).
SYNOPSIS:
Approval of annual software maintenance and support costs for GIS software licensed by ESRI under an
exception to the competitive procurement requirements and authorizing Information Technology (IT)
Director to execute software maintenance and support agreements from ESRI in current and future fiscal
years.
ESRI software is the core technology selected by the City for the creation of both the City's enterprise
GIS and the Des Moines Area Regional GIS as mandated by the 2003 Federal Byrne Justice Assistance
Grant. This action would approve the total annual maintenance and support costs for this software for
June 19, 2010 through June 18, 2011, and it would authorize the City Manager to procure and execute
software maintenance and support agreements for GIS from ESRI in the current and future fiscal years as
long as it is budgeted and the software continues to be used.
FISCAL IMPACT:
Amount: $53,260.54
Funding Source: 2010 -2011 Operating Budget, Page 155, Information Technology Department, Fund
GE001, IFT010200, Geographic Information Systems.
ADDITIONAL INFORMATION:
All of the software licensed under this agreement with ESRI is owned exclusively by the City of Des
Moines and used to support City operations. The total maintenance cost for all software owned by the
City is $53,260.54.
Some of the software is simultaneously used to host the Des Moines Area Regional GIS. The portion of
the maintenance cost for the software that does "double duty" for the City and for the Regional GIS is
$12,800.
The Regional GIS is a repository of mapping equipment, geographic data, and digital maps hosted by the
City of Des Moines and maintained collaboratively by the City of Des Moines, Polk County, and several
other Des Moines area municipalities to support public safety response and emergency management
Council Communication No. 10 -175
Page 2 of 3
throughout the Des Moines area. Collectively the partners pay $10,500 to ESRI annually to maintain the
software they need to participate in the Regional GIS partnership.
PREVIOUS COUNCIL ACTION(S):
Date: April 20, 2009
Roll Call Number: 09 -653
Action: Des Moines Area Regional Geographic Information System (GIS) Partnership Business Plan and
Memorandum of Understanding (MOU) and authorize the City Manager or designee to seek final
adoption of the Business Plan and MOU by Regional GIS Partners. (Council Communication No. 09-
230) Moved by Vlassis to adopt. Motion Carried 7 -0.
Date: April 20, 2009
Roll Call Number: 09 -654
Action: Approval of annual software maintenance and support costs for Geographic Information System
(GIS) software licensed by Environmental Systems Research Institute (ESRI) Inc. (Redlands, CA),
$52,200.00. (Council Communication No. 09 -231) Moved by Vlassis to adopt. Motion Carried 7 -0.
Date: July 14, 2008
Roll Call Number: 08 -1226
Action: ESRI for non - competitive purchase of annual maintenance and support for Geographical
Information System (GIS) software, $25,867.33. Moved by Mahaffey to adopt. Motion carried 7 -0.
Date: April 21, 2008
Roll Call Number: 08 -682
Action: Approving an exception to procurement ordinance competitive bidding requirements for
Environmental Systems Research Institute (ESRI) software and implementation training services and
software for Regional Homeland Security GIS Central Repository not to exceed $250,000. (Council
Communication No. 08 -208) Moved by Vlassis to approve. Motion carried 7 -0.
BOARD /COMMISSION ACTION(S): NONE
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:
Anticipate renewal of ESRI software maintenance and support costs annually.
Council Communication No. 10 -175
Page 3 of 3
For more information on this and other agenda items, please call the City Clerk's Office at 515- 283 -4209 or visit the Clerk's
Office on the second floor of City Hall, 400 Robert D. Ray Drive. Council agendas are available to the public at the City
Clerk's Office on Thursday afternoon preceding Monday's Council meeting. Citizens can also request to receive meeting
notices and agendas by email by calling the Clerk's Office or sending their request via email to cityclerk @dmgov.org.
Df5M0li5
Council
Communication
Office of the City Manager
AGENDA HEADING:
Date I May 10, 2010
Agenda Item No. 34
Roll Call No. 10 -724
Communication No. 10 -241
Submitted by: Merrill Stanley, Deputy City
Manager; Mike Matthes, Assistant City
Manager /CIO; Allen McKinley, Finance
Director; Tom Turner, Human Resources
Director
Authority to issue Request for Proposals (RFP) to identify and select a qualified consultant to complete a
needs assessment for the acquisition of a new city -wide Business Enterprise software system.
SYNOPSIS:
Approving issuance of an RFP, conducted in accordance with the City's procurement ordinance, to
identify and select a qualified consultant to complete a needs assessment and create a RFP for the
acquisition of a new city -wide Business Enterprise software system. The system would support the
financials (FMS) and human resources (HRMS) functions of the city organization and would replace the
current PeopleSoft system, which was purchased in 1998.
FISCAL IMPACT:
Amount: $200,000 - $250,000 for Needs Assessment/RFP Development. Enterprise Resource Planning
(ERP) replacement is estimated to cost as much as $3,000,000, and is included in the CIP.
Funding Source: 2010 -2011 Capital Improvements (CIP) Budget, Miscellaneous Improvements — Page
9, ERP Software Replacement, CIPOOI, CP034, IFT990000.
ADDITIONAL INFORMATION:
In February 1997, the Des Moines City Council reviewed and concurred with the "Information
Technology Recommendations" of the Data Management and Communications Committee, which
mapped out a new approach to city -wide information processing, access and dissemination. One of the
first steps envisioned by that report was a new financial /accounting and payroll/human resources
application software package, using client - server technology, to replace existing manual processes and
outmoded software; to bring the software and its users together on the new city -wide network; to speed
up and distribute more widely transaction processing for the City's financial and human resources; and to
create for the first time, flexible summary and detailed information for line personnel, management, the
City Council and the public. The goal of the new application software included faster response times to
questions from external and internal customers; more staff time spent analyzing and acting on financial
and human resources information and much less time spent entering data into multiple databases; quicker
review and resolution of financial and personnel decisions; prompter and easier -to -read reports on City
finances and human resources activity; ability to begin relating performance measures and benchmarks to
financial data; more precise allocation and reporting of line -item costs of City projects; and (with some
Council Communication No. 10 -241
Page 2 of 4
business process re- engineering) faster payments to the City's vendors, allowing the City to take
advantage of prompt - payment discounts.
To select a software vendor, the City, in November 1997, advertised and issued a Request for
Qualifications (RFQ).
On February 3, 1998, Council reviewed the results of the evaluations of vendor responses to the City's
RFQ for new financial /accounting and payroll/human resources application software. Council directed
staff to negotiate contracts with the two firms whose joint proposal received the highest evaluation score.
Staff completed contract negotiations with PeopleSoft, Inc. for software acquisition and support, and
with Carrera Consulting Group for project implementation.
From 1998 to 2005, there were several upgrades to the PeopleSoft system. Oracle USA, Inc. which
acquired PeopleSoft /JD Edwards in January 2005, provided maintenance and support until December
2006 when Rimini Street, Inc. was selected for third party PeopleSoft software maintenance and support.
On December 17, 2007, the City contracted with a consultant, Plante Moran to provide IT Strategic
Planning Consulting Services. In March 2008, the IT Assessment and Strategic Plan received from
Plante Moran recommended developing "a near term approach to assess the adequacy of PeopleSoft in
comparison to other potentially more appropriate vendors." Further, the consultant suggested utilizing a
structured approach to engage end users to define and prioritize requirements of a new system. The
analysis of peer organizations indicated costs associated with similar Finance and Human Resource
modules ranged between approximately two - million and four - million dollars.
The City is interested in identifying an innovative and effective solution to meeting its
financial /accounting and payroll/human resources needs. This solution may be third party, hosted, in-
house, or a combination of these options which may help to mitigate costs. If software is selected for
purchase and installation on City servers, we will be considering all available and appropriate software
including "Tier 2" systems, i.e. systems designed for entities our size, more suited to or specifically
designed for a municipal environment. Tier 2 systems tend to be less costly in terms of acquisition and
support. These systems are also more likely to meet our needs as "off - the - shelf' packages, meaning they
would require less customization. Customization increases costs during implementation and continues to
cost more during the life of the software as upgrades are installed and product support becomes more
expensive.
The ERP system desired will potentially replace several existing systems with a product that operates
seamlessly throughout the organization. The needs assessment will include:
• General Ledger Accounting and Reporting
• Cash Receipts and Accounts Receivable
• Accounts Payable
• Procurement
• Grant Management and Reporting
• HRMS - Payroll, Benefits Administration, Recruitment /Applicant Tracking, Time & Labor,
Position Management, Personnel Action Work Flow and Employee Self- Service
• Budget Preparation, Administration and Control
• Project Cost Accounting
• Capital Asset Management
• Banking and Investment Management
Council Communication No. 10 -241
Page 3 of 4
• Debt Administration
• Special Assessments and Cost Recovery Accounting
Additional modules that may be included are:
• Facilities Management
• Fleet Management /Fuel Management
• Inspections and Permitting (Currently Tidemark)
• CRM: Citizen Relationship Management (Currently CCRS -HEAT)
Overtures were made to Des Moines Schools, the City of West Des Moines, Polk County and Des
Moines Water Works to collaborate with the City in this project. All ultimately declined, but Water
Works seriously considered the concept before deciding the timing was not right for them based on the
status of their current ERP system.
PREVIOUS COUNCIL ACTION(S):
Date: December 17, 2007
Roll Call Number: 07 -2425
Action: Proposal for provision of IT Strategic Planning Services and authorizing City Manager to
negotiate and execute contract with Plante Moran, PLLC, $135,000. (Council Communication No. 07-
750) Moved by Coleman to adopt. Motion Carried 6 -1.
Date: December 18, 2006
Roll Call Number: 06 -2485
Action: Proposal and Contract with Rimini Street, Inc. for Peoplesoft Software Maintenance and
Support Services for a term of three years with one three -year renewal option, $45,000 annually.
(Council Communication No. 06 -773) Moved by Mahaffey to approve. Motion carried 6 -0.
Date: January 27, 2003
Roll Call Number: 03 -223
Action: Consulting Contracts with Emerging Solutions (Gregory Lewis, President, Chicago, IL) for
upgrade of Financial /Accounting software, $279,000 and MSI (Mike Lang, President, WDM) for
upgrade of Payroll /Human Resources software, $150,000. (Council Communication No. 03 -057). Moved
by Hensley to adopt. Motion Carried 4 -2 -1. Nays: Coleman and Cownie. Absent: Brooks.
Date: November 4, 2002
Roll Call Number: 02 -2646
Action: Contracts with MAXIMUS Consulting Group ( MAXIMUS) and Modern Solutions, Inc. (MSI)
for financial /accounting and Payroll/Human Resources Software Upgrade and Support, $445,905.
Council Communication No. 10 -241
Page 4 of 4
(Council Communication No. 02 -566). Moved by Vlassis to defer consideration to November 18, 2002.
Motion Carried 5 -2. Absent: Daniels and McPherson.
Date: February 16, 1998
Roll Call Number: 98 -474
Action: Contract with PeopleSoft, Inc., for financial/ accounting and payroll /human resources software
acquisition and support; and with Carrera Consulting Group, for project implementation. Council
Communication No. 98 -055). Moved by Vlassis to adopt, subject to Legal Department approval. Motion
Carried 6 -0.
Date: November 3, 1997
Roll Call Number: 97 -3653
Action: Communication from Finance Director /Treasurer submitting report addressing need for Request
for Qualifications (RFQ) for new financial /accounting and payroll /human resources software to replace
the City's existing software and manual processes. (Council Communication No. 97 -528) Moved by
Phillips to receive and file. Motion Carried 7 -0.
BOARD /COMMISSION ACTION(S): NONE
ANTICIPATED ACTIONS AND FUTURE COMMITMENTS:
Creation of a RFP for the acquisition and implementation of a Business Enterprise software system,
third -party service or hosted service.
For more information on this and other agenda items, please call the City Clerk's Office at 515- 283 -4209 or visit the Clerk's
Office on the second floor of City Hall, 400 Robert D. Ray Drive. Council agendas are available to the public at the City
Clerk's Office on Thursday afternoon preceding Monday's Council meeting. Citizens can also request to receive meeting
notices and agendas by email by calling the Clerk's Office or sending their request via email to cityclerk @dmgov.org.
Marian Karr 39(8)
From: Stephen.Ward83 <Stephen.ward83 @yahoo.com>
Sent: Wednesday, November 02, 2011 4:51 PM
To: Council
Subject: Disappointed
Mayor Hayek,
Just want to let you know that I have been a long time supporter of the Iowa City business community and the University
of Iowa. For many years my family and I have come to Iowa City from the Chicago area to enjoy the University Athletic
events, shopping and dinning in the down town area and have even bought several cars front the local dealers.
But the change in attitude to visitors and the local student body has been extremely disappointing. I'm not going to
waste much more of your time but just wanted to let you know that the change in attitude has had an impact.
For example, I came to town for the Iowa /Pitt game:
Gas- $100 Fill up on the way out of town Hotel 2 nights at the Sheraton- $900 Meals Joseph's, Micky's, Bruegars Bagels,
Pagliais, and hotel $500 Football tickets $250
So I added approximately $ 2000 to the Iowa City economy, and I usually do this at least 3 to 4 games a year. But I have
not been back since the Pitt game. I saw too many responsible adults being ticketed for open containers, ( for crossing
Melrose to get to the gate). It was a nightmare getting out of the stadium area due to the automobile safety check.
Very disappointing.
I appreciate you reading my letter. Iowa City has always been a special place on football weekends, but I am voting my
disappointment with my check book. After 28 years of supporting Iowa City and it's businesses, maybe it is time has
come to an end for me.
Sincerely,
Steve Ward
�22-11�i
3g(9)
Marian Karr
From: Sarah Holecek
Sent: Monday, November 14, 2011 1:24 PM
To: nate.mims @gmail.com
Cc: Dale Helling; Marian Karr; Eleanor M. Dilkes; Tom Markus
Subject: RESPONSE re: AA issues from Recent vote and meeting 11.1.11
Attachments: Personnel policies EEO and Aff Ax.docx
Sensitivity: Confidential
Dear Mr. Mims:
Your inquiry has been forwarded to me for response. Attached please find the section of the newly
adopted Personnel Policies that are most relevant to your inquiry. As you can see, while the 2005
Personnel Policies and the 1981 Affirmative Action Policies were rescinded, the new Personnel
Policies address both equal employment opportunity and affirmative action, albeit in a different
manner than the 1981 program. The 1981 Policy had not been updated since its adoption thirty years
ago and is no longer consistent with current law. The policy required an ongoing statistical analysis
of females and minorities as compared to whites and males by City position, job category, salary,
unemployment rate, and the local and national labor market as well as the adoption of objectives,
goals and timetables for hiring and promotion of under - represented protected class members. The
ever growing body of court decisions in this area favors equal opportunity policies rather than status -
based employment programs that consider demographic characteristics as a favorable point in
employment decisions. To be lawful, any such programs are subject to strict scrutiny analysis
requiring a narrowly tailored method to achieve a compelling governmental interest. Remedial action
by a public employer can be justified only by a showing of discrimination by that particular employer
with respect to the particular job category. See, Davis v. City of Waterloo, 551 N.W.2d 876 (Iowa
1996) (finding the City of Waterloo liable for reverse discrimination when it promoted an African -
American male to street department foreman when a white male was most qualified because there
was no documented past racial discrimination by the City of Waterloo in the streets department).
That said, I note that Iowa's Civil Rights Statute (Iowa Code Chapter 216), the City's Human Rights
ordinance and Civil Rights Act of 1964 prohibit discrimination in employment and the City of Iowa City
abides by these laws and continues to file bi- annual EEO reports with the Equal Employment
Opportunity Commission identifying the gender and race of employees in established job and wage
classifications.
I hope this information answers your questions.
Sarah E. Holecek
First Assistant City Attorney
410 E. Washington St.
Iowa City, IA 52240
Ph: 319- 356 -5030
Fax: 319- 356 -5008
email: sarah- holecek(cD-iowa- city.orq
CC: City Council
Notice:
Since e-mail messages sent between you and the City Attorney's Office and its employees are transmitted over the Internet, the City Attorney's Office cannot
assure that such messages are secure. You should be careful in transmitting information to the City Attorney's Office that you consider confidential. If you are
uncomfortable with such risks, you may decide not to use e-mail to communicate with the City Attorney's Office. Without written notification that you do not wish to
communicate with the City Attorney's Office via e-mail communication, the City Attorney's Office will assume you assent to such communication. This message is
covered by the Electronic Communication Privacy Act, 18 U.S.C_ Sections 2510 -2515, is intended only for the use of the person to whom it is addressed and may
contain information that is confidential and subject to the attorney - client privilege. It should not be forwarded to anyone else without consultation with the
originating attorney. If you received this message and are not the addressee, you have received this message in error. Please notify the person sending the
message and destroy your copy.
Thank you.
APlease consider the environment and do not print this email unless absolutely necessary.
From: nate mims [mailto:nate.mims @gmail.com]
Sent: Thursday, November 03, 20119:50 AM
To: Council
Subject: Recent vote and meeting 11.1.11
I am writing regarding the rescinding of the 2005 personnel policies and the 1981 affirmative action policy.
I can understand that these policies were put in place 20 years ago (in the case of the affirmative action policy),
however what is to prevent someone from discriminating against a person on the basis of their racial or socio-
economic background without these policies in place? For years before Affirmative Action was put in place in
this country, there was supposed to be "merit based employment" however that generally excluded people of
different groups based upon race and ethnicity, while unfairly allowing people of less qualifications to hold
positions based upon who they know. I don't understand how one can ignore the facts that this is something that
has happened on a regular basis in the country as a whole.
As a state as well Iowa has a very low percentage of African Americans, and Iowa City is a reflection of this. I
also find lacking within Iowa City African Americans holding any type of managerial positions. For the most
part, most those holding managerial positions in this city happen to be white and it's very hard to break that
color barrier. I'm not saying it can't be done, I have done it myself and have successful managed several local
business'. Do you think that rescinding this policy will lead to an even harder time for African Americans and
other ethnic minorities in Iowa City to achieve greater success and get to higher levels of management? Do
you feel it will be easier or more justifiable for employeers to ignore African America applicants in exchange
for applicants who they feel meet their ideal of a successful candidate? Any reply you can give me will be
appriciated.
Nate Mims
Shattock School of Defence/
Rage Theatrics Board
www.ragetheatrics.com
SECTION 3: EQUAL EMPLOYMENT OPPORTUNITY AND AFFIRMATIVE ACTION
a. General Policy
It is the policy of the City of Iowa City to prohibit discrimination and harassment
of any type and to afford equal employment opportunities for all employees or
potential City employees without regard to race, creed, color, sex, national
origin, religion, age, sexual orientation, gender identity, marital status, mental
or physical disability, genetic information, or other class /category protected by
federal, state, or local law, except where age, sex, or physical ability constitute
a bona fide occupational qualification necessary for job performance. This
extends to all areas of personnel administration including but not limited to
recruitment, employment, promotion, transfer, training, working conditions,
wages, benefits, and application of personnel policies, and shall be consistent
with all protections afforded by applicable federal and state statutes. No
personnel decision, action, term, condition or privilege of employment shall be
unlawfully influenced in any manner by consideration of an individual's
protected class.
It is the goal of the City of Iowa City to guard against illegal discrimination
through appropriate review of the City's Personnel policies, to allow qualified
individuals the opportunity to enter non - traditional occupations, and to achieve
a diverse work force that reflects the available qualified population.
The City of Iowa City shall also encourage or require equal employment
opportunity efforts from vendors, contractors, consultants, and firms with which
the City does business.
The City will employ recruitment and selection practices that support this policy
by displaying required posters regarding equal employment opportunities in
areas visible to employees and by identifying the City as an Equal Opportunity
Employer on job advertisements, postings, employment application forms,
website, and other recruitment sources. The City will make efforts to identify
individuals or organizations that may represent protected classes with specific
job - related skills for purposes of disseminating postings and possible referrals.
City personnel who have responsibility for selection and hiring shall be trained
in and held responsible for using legal interviewing and selection techniques
and criteria.
b. Harassment
The City of Iowa City is committed to providing a work environment free of
harassment. Harassment may take many forms, including behaviors that are
overt or very subtle. Harassment may occur between or among members of
the same or opposite sex, employees and the public, co- workers, or
subordinates and supervisors. Harassing behavior of any nature, including but
not limited to a sexual basis, has the effect of creating a hostile or offensive
work environment and is prohibited behavior.
(1) Sexual Harassment
Sexual harassment is a form of unwelcome conduct that affects
terms or conditions of employment or creates intimidating, hostile, or
offensive work environments. Such harassment is prohibited for all
employees, regardless of status, including supervisors, subordinates,
administrators, and co- workers. No employee, either male or female,
should be subjected to such conduct. Sexual harassment may also
be charged between same sex employees.
Sexual harassment may take the form of, but is not limited to:
• Deliberate or repeated unsolicited verbal comments, questions,
representations, or physical conduct of either a sexual or non-
sexual nature that are unwelcome to the recipient.
• Making or threatening to make decisions affecting an employee's
job on the basis of the acceptance or refusal of a request for
sexual intimacy.
• Verbal or physical conduct that has the purpose or effect of
creating an intimidating, hostile, or offensive work environment.
• Unwelcome sexually explicit or vulgar language, sexual jokes or
innuendo, touching and /or lewd gestures, or physical contact.
• It may also include more subtle actions directed at one or more
individuals.
(2) Harassment Based on Race Creed Ethnicity Reliqion, Age, Sexual
Orientation Gender Identity Disability Genetic Information, or
National Origin.
This is also a form of employee misconduct and is prohibited. Such
harassment may take the form of, but is not limited to slurs, graffiti,
derogatory names and jokes, physical conduct, or offensive
behavior relating to one or more of an individual's origins, physical
characteristics, or beliefs.
C. Complaint Procedure
The City will actively pursue and investigate complaints of harassment,
discrimination or denial of civil rights and appropriate action will be taken.
Employees who encounter conduct they believe violates this policy are
encouraged to bring it to their supervisor's attention, and if the supervisor is the
involved party, or if the employee prefers, to the Human Resources
Administrator, Human Resources Staff, or the City Attorney's office. All such
complaints and records of resulting investigations shall be kept confidential, to
the extent possible, while allowing the City to meet its obligation to investigate
such complaints.
There will be no retaliation against any employee for filing a complaint either
formally or informally, or against any person for participating in the complaint
and investigation process. Each complaint will be thoroughly investigated. If a
violation is confirmed it will be resolved in a manner designed to remedy any
past harassment and prevent any future harassment.
d. Consequences of Harassment or Discrimination
Harassment and discrimination is unacceptable conduct in any form, and can
be the basis for a discrimination charge against the City and /or an individual
employee. It is the City's position that every employee has the right to work in
an environment free of any type of harassment or discrimination.
Consequently, any employee who engages in prohibited conduct will be
subject to disciplinary action, up to and including discharge.
All employees have an affirmative duty to prevent harassment and
discrimination in the workplace by producing an environment that exposes and
discourages harassment or discrimination of any kind.
Marian Karr
From: Charlie McGuire <cmcguire08 @gmail.com>
Sent: Wednesday, November 02, 2011 12:46 PM
To: Council
Subject: new public park use precedents being set
Iowa City Council members,
3g(10)
I am writing on behalf of myself and my wife to express outrage and disappointment at the precedent being set
by policies and agreements being made with the "Occupy Iowa City" group squatting in College Green park.
It seems such policies and permitting agreements go far beyond a mere "bending" of the Iowa City Parks and
Recreation rules that govern use of our public parks.
There are times when short-term permissions /exceptions should be made to the rules governing use of the parks
when residents need special access, etc. The consideration for such exceptions are provided for in the formal
rules. What is happening in College Green seems well beyond such considerations.
Thankfully, we do not live near College Green; however, our back yard does abut another Iowa City public
park. We cannot imagine looking out upon a scene similar to the current eyesore in College Green all day long,
or navigate such a nuisance on walks and activities in the generally peaceful park, but that could surely happen
now that such a formal precedent in College Green has been set. In talking with our neighbors, their sentiments
are similar to ours.
It has traditionally been a benefit in terms of property value and quality of life to live near Iowa City parks and
recreational facilities; however, that is no longer the case in light of the apparent changes in Iowa City policy
governing use of these facilities.
The "Occupy" group should never have been allowed to remain in College Green over night as park rules
specify, or at most longer than a weekend.
We are concerned at the thought of tent cities showing up in our back yard.
Thank you for your consideration.
Charles ( & Karen) McGuire
Marian Karr
From: Kristy Hartsgrove <kristy_hartsgrove @yahoo.com>
Sent: Tuesday, November 01, 2011 8:32 PM
To: Council
Subject: I support the Occupy Iowa City group!
Hi! I am a long -time Iowa Citian and I just wanted to voice my support for the OWS -Iowa City branch. They
are a lovely group of dedicated people who are exercising their rights with dignity and respect for everyone. I
am so proud that we as a city have dealt with them so supportively and fairly, and I hope to see that continue in
the coming months.
I have seen a couple of editorials in the paper about the occupation of College Green Park, and I just have to say
that I think the Occupiers are a huge improvement over the drunk students that are the usual late -night
occupants of the park. I feel perfectly fine about walking through the park alone on the way home late at night,
and that was not the case prior to the occupation. So, in a way, you could really look at supporting them as an
investment in the safety of the people of Iowa City, really!
Thank you for your support up until now, and please do everything you can to be supportive of them in the
future!
Sincerely,
Kristy Hartsgrove
Dear Connie Champion,
My name is Tia Smith and I am a junior at Iowa City High School. I am currently
working on a project about the Iowa City Animal Shelter. This animal shelter is the only
shelter that covers the area of Johnson County. Very little space for animals is available
in the area to use for sheltering services and few veterinarians have boarding space. On
average there are twenty -five dogs, seventy -five cats, and three rabbits, along with
other small animals. The animal shelter has about 2,500 animals staying in a year.
There are twenty -five dog runs and sixty cat cages. Unfortunately, they have been
unable to add any cages for the last few years. The dog cages are eight feet by three
feet and the cat cages are three feet by three feet. The animal shelter gets donations,
but not enough for the animals to live in great conditions.
The animal shelter needs more money to be able to give each animal better living
conditions. The volunteers do an amazing job taking care of the animals, but their
general living conditions need to be changed. More cages are needed, as there are only
just enough dog cages and they are about fifteen cat cages short. More money raised
could be spent on comforts such as blankets, toys, treats, etc. The better the animal
lives, the happier and nicer the animal will be and there is a higher chance the animal
will be adopted. This would lead to less overcrowding and even better living conditions.
I suggest adding more money to the animal shelter budget by increasing the
amount of money required by other local governments who use the service and by
increasing community taxes. I understand budgeting is difficult, but I feel that the
animal shelter is in need of a higher budget. No one wants to have to put down animals
because there is simply not enough space. Some of these animals come from abusive
homes, and putting them in cramped spaces will not help them recover.
I believe the animal shelter is in need of help and have contacted the Johnson
County Supervisors and other cities in Johnson County to ask for a budget increase for
the shelter.
I appreciate you taking time to read this.
Sincerely,
-'
Tia Smith
�_.l 1
3g(12)
Marian Karr
From:
Adam Bentley
Sent:
Wednesday, November 16, 2011 10:09 AM
To:
Marian Karr
Subject:
FW: Mobile Vending Permit Application
From: Anthony Browne [ mailto:anthony.browne @live.com]
Sent: Thursday, November 10, 2011 8:13 AM
To: Adam Bentley
Subject: RE: Mobile Vending Permit Application
Dear Mr. Bentley,
We appreciate you taking another look at this and thank you for deciding to open the application process to the
public for 2012. We look forward to presenting our application for 2012 and believe that Hillery's is a perfect fit for a
permit. We only want an opportunity to have our application considered seriously and trust that that will now occur.
Thanks,
Anthony Browne, on behalf of Hillery's
From: Adam Bentley [mailto :Adam - Bentley @iowa - city.org]
Sent: Wednesday, November 09, 20114:31 PM
To: anthony.browne @live.comd
Cc: Eleanor M. Dilkes; Tom Markus; Dale Helling
Subject: Mobile Vending Permit Application
Dear Mr. Browne,
I have reviewed the ordinance and current administrative rules dated 05 -2011, a copy of which are attached, and
discussed this matter with the City Attorney. You are welcome to file an application, which is available on the City's
website. The application must be filed on or before January 31, 2012 if you are seeking a permit for the 2012 calendar
year. No more than six (6) permits may be issued each calendar year and due to the limited number available "permits
are granted based on seniority." (Section II admin. rules).
My apologies for the inaccuracies in my earlier email; please contact me if you have any additional questions.
Adam
Adam Bentley I City Manager's Office I City of Iowa City
W319- 356 -5010 1 W319- 356 -5009 1 madam- bentley @iowa - city.org
www.iceov.ore
Marian Karr
From: Anthony Browne <anthony.browne @ live.com>
Sent: Monday, November 07, 2011 8:54 AM
To: Council
Subject: FW: ambulatory vs mobile vending carts
Attachments: Hillerys.doc
From: Anthony Browne [mailto:anthony.browne @live.com]
Sent: Monday, November 07, 20118:23 AM
To:'Adam Bentley'
Cc:'Dale Helling';'tom-markus@iowa-city.org'; 'matt-hayek@iowa-city.org'; 'ross-wilburn@iowa-city.org'; 'regenia-
bailey@iowa-city.org'; 'susan -mims @iowa - city.org'; 'mike- wright @iowa - city.org'
Subject: RE: ambulatory vs mobile vending carts
Mr. Bentley,
Thank you for quick and honest response. While we sincerely share the concerns you listed in your
response about the problems with mobile vending carts downtown, we respectfully disagree with one key
aspect of your response. In your response you stated "... It is for those reasons we have limited the number of
downtown mobile vendors and will not be opening up the application process to the general public this year."
We do not believe the Administrative Rules for Mobile Vending Carts, last modified 04/2010, allows the City
Manager to close the application process.
The administrative rules state in section 'I. Application' that:
"Applications for mobile vending permits must be submitted to the Office of the City Manager
no later than January 31 of the calendar year for which said permit is desired. The City will notify each
applicant as soon as possible whether the application has been approved."
We believe these two sentences in the administrative rules requires the City Manager to hold an annual, fair
and competitive application process in which 1) Every permit issued the preceding year is up for grabs 2)
Anyone can submit an application 3) The City Manager will respond to all applications, as soon as possible
after January 31 of the year in which the permits will be issued for and state whether the application has been
approved or denied, the grounds therefore, and with an appropriate appeals process. In other words, we do
not believe the City Manager can "close" the application process and must hold it annually, under the
parameters set forth above. This is our position and we request a formal response as to whether the City
Manager still intends, after receipt of this email, to close the application process for 2012, or whether, upon
reconsideration, they will open it to the public.
We understand the concerns Adam Bentley stated the City Manager and City Council had about mobile
vending downtown. Damage, crowding, and trash were three concerns he listed, but we're sure there are a lot
of other concerns as well. We share these concerns and do not wish to be a bad permit holder. However, the
regulations in place and the application process easily allows the City Manager to revoke the permit of
vendors, if they become non - compliant with the rules. For example, Mr. Bentley stated there were 6 permit
holders for 2011 and the City Manager would like to reduce this number to 5 in 2012. This implies a current
permit holder is responsible for some of the problems Mr. Bentley listed and the City Manager would like to,
1
essentially, revoke their permit for 2012. The open application process would resolve this issue through
competition for 2012 permits, with due process. Additionally, while we are still uncertain if it's the City
Manager's intention to administratively approve 5 permits for 2012 to 5 current, 2011 permit holders, that
appears to be the case. If this is done, it will be fundamentally unfair to Hillery's and affect its substantial
rights. Lastly, the number of carts was increased in the administrative rules just last year to 8. It is unclear to
us why 8 permits have not been issued. It appears there have never been more than 6 permits issued. We
believe the full intent of the 2010 changes from 6 to 8 carts should be realized, though we agree that the rules
do not require the City Manager to do so.
However, there is no provision in the administrative rules for the City Manager to executively close the
application process. The administrative rules clearly intend to provide any citizen who wants to operate a
mobile vending cart the right to file an application for a permit for that particular year, by January 31 of that
year. The rules also clearly intend to provide a level playing field for all applicants and favor the diversity of
products. If the City Manager closes the application process, it will be a violation of the administrative rules.
While the City Manager and /or the City Council may disagree with this assessment, this is our position and we
intend to use any legal remedies necessary to enforce our rights, up to and including petitioning the Johnson
County District Court for Mandamus. However, we wish to resolve this issue informally, since the district
court, in all likelihood, would ultimately attempt to have us settle the matter informally anyway. It would also
generate unnecessary legal costs for both sides, with a guaranteed outcome. We do not wish to take this
course and we would like to state so explicitly.
We are not asking for special consideration. We simply believe that we would be the perfect candidate for a
mobile vending permit. Hillery's has maintained its mobile vending carts since the 80's. The criteria in the
administrative rules for selection of vendors states:
III. Selection Criteria
Criteria for the selection of vendors shall include, but not be limited to, the following:
a) Prior satisfactory operation. Including problems, if any, occurring during past
operations.
b) The nature of the product(s) to be sold (so as to ensure variety of products)
c) The appearance of the vending cart. If an applicant has previously operated
such a cart, the history of maintenance of its appearance will be taken into account.
We believe section a) includes prior satisfactory operation in Iowa City, or elsewhere. Regarding
section b), we believe there are no other mobile vendors selling ribs, let alone rib tips. In addition, we
believe section b) coincides with section `II. REQUIREMENTS, section o)' which states: "No other
mobile vendor permit has been issue for substantially the same food or beverage product." Hillery's
ribs and rib tips qualify for this, without a doubt. Finally under section c), we believe the appearance
of our carts is substantially superior to any of the other current vendors' carts (pictures can be
provided with application), hands down. Since this is the case, we feel it is wholly within our rights to
apply for a permit.
Therefore, we would like the City Manager to formally state to us whether they will open or close the
2012 application process for mobile vending carts in Iowa City. I have CC'd the email addresses of
the City Council, though there were some Council members who don't have a public email address.
I've done this to apprise them of the situation and to give them an opportunity to respond or provide
input, should they choose to do so. In conclusion, we wish to respectfully ask the City Manager to
open the application process for mobile vending permits.
2
Sincerely,
Anthony Browne, on behalf of Hillery's
Attached: Hillerys.doc (35KB)
From: Adam Bentley [mailto :Adam - Bentley @iowa - city.org]
Sent: Friday, November 04, 201110:14 AM
To: Anthony Browne
Cc: Dale Helling
Subject: RE: ambulatory vs mobile vending carts
Mr. Browne:
Thank you for your request. The City ordinance regarding mobile vending does allow for a maximum of eight vendors
downtown on the ped mall. While the maximum does exist, staff and council have been moving in the direction to limit
that number to five. The general idea behind this is that downtown is incredibly busy on Friday and Saturday
nights. The consequence of having downtown vendors has been positive but negative externalities occur due to their
presence. For instance, damage to the ped mall, crowding in the area, and trash cleanup are all negative safety and
practical externalities that exist with downtown mobile vendors. It is for those reasons we have limited the number of
downtown mobile vendors and will not be opening up the application process to the general public this year.
As for ambulatory vending, that may be an option for you but there are very strict restrictions with ambulatory
vendors. If you have any questions regarding ambulatory vending, please do not hesitate to contact me at 319 -356-
5010.
Thank you,
Adam Bentley
Adam Bentley I City Manager's Office I City of Iowa City
W319- 356 -5010 I W319- 356 -5009 [ - adam- bentley @iowa- city.org
www.icgov.or�
From: Anthony Browne [ mailto:anthony.browne @live.com]
Sent: Wednesday, November 02, 20113:06 PM
To: Adam Bentley
Subject: RE: ambulatory vs mobile vending carts
Adam,
have attached a Word document to this email that contains the proposal we had for Iowa City in regards to a
mobile vending cart permit. Please forward it to the City Council and have them provide me with a formal response.
Thanks,
Anthony Browne
From: Adam Bentley [mailto :Adam - Bentley @iowa - city.org]
Sent: Monday, October 24, 20111:02 PM
To: Anthony Browne
Subject: RE: ambulatory vs mobile vending carts
Anthony,
If you are able, please give me a call at 319 - 356 -5010.
Adam
From: Anthony Browne [mailto:anthony.browne @live.com]
Sent: Monday, October 24, 201112:11 PM
To: Adam Bentley
Subject: ambulatory vs mobile vending carts
Hello Adam Bentley,
I'm Anthony Browne and I am planning to start a new BBQ business in Iowa City. I plan to open a storefront
operation by Aug. of 2012, but wanted to begin by operating either a mobile or ambulatory vending cart. However, I am
not sure what the difference between the two are and would like more information about the two to decide which one I
should attempt. Could you please provide me with more information on the difference between an ambulatory vendor
and a mobile vendor?
Also, in the Mobile Vending Cart Application, it states on page 5 under'I. APPLICATION' that:
"The City will limit the number of mobile vendor permits to eight (8) or fewer with vending
locations on the City Plaza and /or Iowa Avenue."
Could you please tell me the total number of carts operating in 2011? In addition, if known, could you please tell me the
number carts anticipated to be operating in 2012? Are there a specific number of ambulatory vendors also? If so, how
many are allowed to operate at once?
Thank You Very Much,
Anthony Browne
3g(13)
Marian Karr
From: focalpoint @netexpress.net
Sent: Tuesday, November 08, 2011 12:28 PM
To: Council
Subject: Federal law on Illegal Immigration.
Attachments: Federal Immigration and Nationality Act.doc
As long as I live in Iowa City dare not consider any action now, or in the future, that would run afoul of the
Federal Immigration and Nationality Act.
I am a legal immigrant and have lived in Iowa City since 1969. I despise those whose personal interests and /or
sappy sentiments ignore the law and engage in activities that provide assistance and sheltering of aliens and will
go against anyone who does not recognize the fundamental difference between legal and illegal immigrant
status.
A partial description of the Federal law listing some of its most important mandates is attached.
Elias Zaharias
Federal Immigration and Nationality Act
Section 8 USC 1324(a)(1)(A)(iv)(b)(iii)
"Any person who ... encourages or induces an alien to ... reside ... knowing or in reckless
disregard of the fact that such ... residence is ... in violation of law, shall be punished as
provided ... for each alien in respect to whom such a violation occurs ... fined under title 18 . .
. imprisoned not more than 5 years, or both."
Section 274 felonies under the federal Immigration and Nationality Act, INA 274A(a)(1)(A):
A person (including a group of persons, business, organization, or local government) commits a
federal felony when she or he:
* assists an alien s /he should reasonably know is illegally in the U.S. or who lacks
employment authorization, by transporting, sheltering, or assisting him or her to obtain
employment, or
* encourages that alien to remain in the U.S. by referring him or her to an employer or by
acting as employer or agent for an employer in any way, or
* knowingly assists illegal aliens due to personal convictions.
Penalties upon conviction include criminal fines, imprisonment, and forfeiture of vehicles and
real property used to commit the crime. Anyone employing or contracting with an illegal alien
without verifying his or her work authorization status is guilty of a misdemeanor. Aliens and
employers violating immigration laws are subject to arrest, detention, and seizure of their
vehicles or property. In addition, individuals or entities who engage in racketeering enterprises
that commit (or conspire to commit) immigration - related felonies are subject to private civil suits
for treble damages and injunctive relief.
IT IS ILLEGAL FOR NONPROFIT OR RELIGIOUS ORGANIZATIONS to knowingly assist an
employer to violate employment sanctions, REGARDLESS OF CLAIMS THAT THEIR
CONVICTIONS REQUIRE THEM TO ASSIST ALIENS. Harboring or aiding illegal aliens is not
protected by the First Amendment. It is a felony to establish a commercial enterprise for the
purpose of evading any provision of federal immigration law. Violators may be fined or
imprisoned for up to five years.
Encouraging and Harboring Illegal Aliens
It is a violation of law for any person to conceal, harbor, or shield from detection in any place,
including any building or means of transportation, any alien who is in the United States in
violation of law. HARBORING MEANS ANY CONDUCT THAT TENDS TO SUBSTANTIALLY
FACILITATE AN ALIEN TO REMAIN IN THE U.S. ILLEGALLY. The sheltering need not be
clandestine, and harboring covers aliens arrested outdoors, as well as in a building. This
provision includes harboring an alien who entered the U.S. legally but has since lost his legal
status.
Enforcement
A person or entity having knowledge of a violation or potential violation of employer sanctions
provisions may submit a signed written complaint to the INS office with jurisdiction over the
business or residence of the potential violator, whether an employer, employee, or agent. The
complaint must include the names and addresses of both the complainant and the violator, and
detailed factual allegations, including date, time, and place of the potential violation, and the
specific conduct alleged to be a violation of employer sanctions. By regulation, the INS will only
investigate third -party complaints that have a reasonable probability of validity. Designated INS
officers and employees, and all other officers whose duty it is to enforce criminal laws, may
make an arrest for violation of smuggling or harboring illegal aliens.
State and local law enforcement officials have the general power to investigate and arrest
violators of federal immigration statutes without prior INS knowledge or approval, as long as
they are authorized to do so by state law. There is no extant federal limitation on this authority.
The 1996 immigration control legislation passed by Congress was intended to encourage
states and local agencies to participate in the process of enforcing federal immigration laws.
Immigration officers and local law enforcement officers may detain an individual for a brief
warrantless interrogation where circumstances create a reasonable suspicion that the individual
is illegally present in the U.S. Specific facts constituting a reasonable suspicion include evasive,
nervous, or erratic behavior; dress or speech indicating foreign citizenship; and presence in an
area known to contain a concentration of illegal aliens. Hispanic appearance alone is not
sufficient. Immigration officers and police must have a valid warrant or valid employer's consent
to enter workplaces or residences. Any vehicle used to transport or harbor illegal aliens, or
used as a substantial part of an activity that encourages illegal aliens to come to or reside in the
U.S. may be seized by an immigration officer and is subject to forfeiture. The forfeiture power
covers any conveyances used within the U.S.
RICO -- Citizen Recourse
Private persons and entities may initiate civil suits to obtain injunctions and treble damages
against enterprises that conspire to or actually violate federal alien smuggling, harboring, or
document fraud statutes, under the Racketeer - Influenced and Corrupt Organizations (RICO).
The pattern of racketeering activity is defined as commission of two or more of the listed
crimes. A RICO enterprise can be any individual legal entity, or a group of individuals who are
not a legal entity but are associated in fact, AND CAN INCLUDE NONPROFIT
ASSOCIATIONS.
3g(14)
Marian Karr
From: Rod Sullivan <rodsullivan @mchsi.com>
Sent: Tuesday, November 15, 2011 9:34 PM
To: Council
Subject: <no subject>
This correspondence will become a public record.
Dear Iowa City and North Liberty Councils:
There has been some discussion about the appropriate levels of reserve at the JECC. Any reserves should be be
maintained at a very low level.
What are the reserves for? Primarily emergencies. What type of expenses might constitute an emergency? Equipment
replacement or repair. Rather than saving money in case of equipment failure, the JECC should rely on the County's
bonding authority.
The County can bond for any equipment the JECC needs. This is the best way to purchase /replace equipment for the
JECC. Here is why:
When the County simply taxes for the JECC, properties in TIF districts do NOT pay. When the County bonds, properties in
the TIF districts pay.
So, if the JECC builds reserves through the task askings, Coral Ridge and the Iowa River Landing pay nothing, while
residential property owners in Iowa City, North Liberty, and elsewhere pay MORE. On the other hand, if reserves are
kept very low and the JECC bonds for equipment, properties in TIF districts pay. That means residential property tax
payers in Iowa City, North Liberty, and elsewhere pay LESS.
Emergencies are no problem. The bonding can take place in just a few days; if something is needed faster, the County
could loan the money, then pay it back through the bonds.
The choice should be an easy one for anyone representing Iowa City, North Liberty, or Johnson County. Spread the costs
out over more entities, and reduce the cost for your taxpayers.
Iowa City and North Liberty Councilors - do you want your residents to pay more? If not, I urge you to instruct your
representatives to keep the JECC reserves very low.
Please feel free to contact me at 356 -6000 or 354 -7199 to discuss this further.
Sincerely,
Rod Sullivan
Marian Karr
From: Rod Sullivan <rsullivan @co.johnson.ia.us>
Sent: Wednesday, November 09, 2011 1:22 PM
To: Council
Subject: JECC
This correspondence will become a public record
Dear City Council:
Once again, the Joint Emergency Communications Center is plagued by profligate spending. The current
proposal is a 43% increase for FYI 3. This is not only unacceptable, but offensive.
Will ANY Iowa City departments be getting a 43% increase this year? When was the last time that occurred?
Has it EVER occurred?
If the City would NEVER increase a budget 43% in one year, why is it OK for the two City reps on the JECC
Board to consistently vote for such increases?
How would the public respond to a 43% increase in parks? In streets? In police? Why would you expect the
response from the rest of the taxpayers in the county to be anything other than outrage?
Terry, Susan, Connie, Ross, Matt — do you favor this? Can you possibly favor this?
I urge you — actually, I BEG you — to put this issue on a Council agenda. We need public discussion.
Sincerely,
Rod Sullivan
2326 E. Court St.
Iowa City, IA 52245
CHARLES T. TRAW
RANDALL B. WILIMAN
STEVEN E. BALLARD
MARK C. DANIELSON
TIMOTHY S. GRADY
THOMAS E. MAXWELL
PATRICK J. FORD
THE LAW OFFICES OF
LEFF LAW FIRM, L.L.P.
222 SOUTH LINN STREET
P.O. BOX 2447
IOWA CITY, IOWA
52244 -2447
TELEPHONE: (319) 338 -7551
FACSIMILE: (319) 338 -6902
www.lefflaw.com
November 8, 2011
3g(15)
ARTHUR O. LEFF (1906 -1989)
PHILIP A. LEFF (Of Counsel)
R. BRUCE HAUPERT (Of Counsel)
Writer's email: tgrady @lefflaw.com
Mr. Matthew J. Hayek, Mayor
City of Iowa 7c�wa ��'• i ��
410 East Washington Street
Iowa City, Iowa 52240
Re: 2305 - 2307 Catskill Court, Iowa City, Iowa -
Dear Matt:
I represent Reach For Your Potential and Peter and Elizabeth Riesz.
Reach For Your Potential provides services to individuals with
disabilities living in their home located at 2305 - 2307 Catskill Court.
Mr. and Mrs. Riesz are the owners of the property. We all feel badly
that it has become necessary to involve the City in the matters raised
by Kevin Clough and Kathy Foss involving the above - described property.
However, although we believe no actions were legally necessary, we did
want to let you know what steps my clients have taken to address the
concerns raised Mr. Clough and Ms. Foss. I have enclosed a photo of the
,.a- y}. sh,:). dri:rPwa•.7 n. 1,t-.hA S.r)uth dri7Te1,1aur ('1ri-7ewa \7
� .,Y er i ..a. ...... i � '-. - .
north driveway), and street parking C.
Parking Issues: Parking will be limited in driveway B as well as
directly in front of the property. Parking will predominantly take
place in driveway A, street parking C and street parking south of
driveway A. There will still be over - night parking in driveway B and
hopefully some of that can be done in the garage. The back driveway is
not an option for parking as that is for the exclusive use of the
resident of the lower unit. All parties concerned will make their best
efforts to comply with the parking plan as set forth above.
Mr. Matthew J. Hayek, Mayor "
Re: Parking Issues
November 8, 2011!;, +�.
Page Two
,r
Traffic Flow: Yellow Cab has been instructed t`'1., 20to driveway A.
The SEATS bus has been instructed to pull in front of driveway A. The
operators of motor vehicles backing out of driveway A have been
instructed to back out to the south and then head north on Catskill in
order to minimize the risk to Mr. Clough's truck. Likewise, the
operators of motor vehicles backing out of driveway B have been
instructed to back out to the north and then head south (around the
block) on Catskill in order to minimize the risk to Mr. Clough's truck
and the i::aj l h' -:r r-n M . Cloi)gh' -�; and M::. Koss' h-.---Pore,
the motor vehicle operators parking in street parking C have been
instructed to drive around the block rather than to pull into a
neighbor's driveway in order to turn around. Again, all parties
concerned will make their best efforts to comply with the instructions
as set forth above.
Trash Containers: Additional recycling bins with snap on tops have been
purchased. The recycling bins and City trash containers will be put on
the street near driveway A on applicable trash days.
We hope that these actions will alleviate much of Mr. Clough's and Ms.
Koss' concerns. If there are remaining issues, please let us know as my
clients are open to trying to eliminate those remaining issues, to the
extent possible.
Peter and Elizabeth Riesz worked very closely with the City in the
development of this property. The property has been meticulously
maintained and the residents, despite their disabilities, are thriving.
Tf ,p disconcerting to the residents when there is friction in the
neighborhood and a peaceful. surrounding is a benefit to all parties
concerned.
Reach For Your Potential and Peter and Elizabeth Riesz are very proud of
this property and the independence it allows for its residents. We
would encourage you, fellow council members, and your staff to come and
visit the residents while they are at their home. Furthermore, we would
encourage you all to visit the offices of Reach For Your Potential.
located at 1701 South First Avenue in Iowa City along with the nearby
store it recently opened, `Potentially Yours ", which is run primarily by
individuals to whom Reach For Your Potential provides services. Please
let me know if you would like for me to arrange such a visit.
Mr. Matthew J. Hayek, Mayor
Re: Parking Issues
November 8, 2011
Page Three
In the meantime, we would be happy to get together with you and /or your
staff to discuss the issues raised by Mr. Clough and Ms. Koss in more
detail if you felt that would be helpful.
Sincerely yours,
LEFF LAW FIRM, L.L.P.
Timothy S. Grady
Enclosure
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City of Iowa City, Iowa
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3g(16)
Dear City Council Members & Candidates,
I have asked for your attention because I want to make you aware of a certain
issue here in Iowa City. There has been talk of building a levee /dike on Taft
Speedway to protect the new housing developments and the new church. Of
course the residents that are right on the river do not want this levee to be built
because in the case of a flood, it won't just protect the new houses, it'll help
destroy the old ones by making the amount of water damage to those areas
increase. I am here to propose a solution.
The residents in the new buildings should not necessarily get the right of security.
They built on a flood plane knowingly, because it was cheap. You know the
saying, "you get what you bargained for ?" That works nicely here. You can't just
buy the land for cheap and then demand that there should be a raised road to
protect you. The residents along the river have been there for over 20 years. The
few who are left, have been there even longer. They've endured two floods, and
there's a reason they aren't leaving. They belong there on that river and it's
where they love their home. They could have moved after the floods but then
they wouldn't live where they love and where they belong.
I think there should be no building of a levee. All planning and construction on the
levee should cease. There is nothing that gives the new residents the right to
demand that, and they should have looked into that before they all decided to live
in a flood plain area. The residents who have lived on that river, know that river.
My grandfather once saved two teenagers lives on that river but was refused an
award. Even though he wasn't named a hero, he still is one. He loves that river
more than anything and to have his way of life be taken from him, would crush
his heart and all of his neighbors.
Hopefully you will put some thought into what's going on.
Thank you,
f;
Celie Butler
c�
"-
W
Marian Karr
3g(17)
From: Emily Busse <emilyobusse @g mail. com>
Sent: Wednesday, November 16, 2011 11:17 AM
To: Thomas Rocklin; thomas- moore @uiowa.edu; patrick - butler @uiowa.edu; elliot-
higgins @uiowa.edu; brittany- caplin @uiowa.edu; Bill Nelson; linda- maxson @uiowa.edu; tysen-
kendig @uiowa.edu; steven- parrott @uiowa.edu; david -grady @uiowa.edu; alec-
scranton @uiowa.edu; gail- agrawal @uiowa.edu; douglas- true @uiowa.edu; curt-
hunter @ uiowa.edu; beth- ingram @uiowa.edu; kate- fitzgerald @uiowa.edu; von -
stange @uiowa.edu; mhayek @hhbms.com; Council; info @downtowniowacity.com; susan-
birrell @ uiowa.edu; catriona- parratt @uiowa.edu
Subject: Do you know an interesting UI graduate?
Hello,
My name is Emily Busse, and I'm the Managing Editor of The Daily Iowan. You are receiving this e-mail because I think
you might be able to help The Daily Iowan honor five deserving and interesting UI students graduating in December.
When you have time during your week, please take a couple moments to read this e-mail.
During finals week each semester, we run a series of profiles about graduating seniors. They are essentially like our
Spotlight series, but are focused on a successful /interesting UI student and his or her plans for after college.
If you know any students graduating this semester who you would like to nominate, please contact me via this email
address or call me at one of the numbers below. Include the student's name and let me know why you think they're worth
"spotlighting "!
Thank you so much for your time,
Emily
Managing Editor
The Daily Iowan
Cell: 847 560 0268
Newsroom: 319 335 5855
39(18)
Marian Karr
From: Mike Wright
Sent: Wednesday, November 16, 2011 10:34 AM
To: Marian Karr
Subject: FW: Carousel Motors Crossing My Path.... Again
Attachments: Colorado 015.JPG
A
From: Curtis Jasa [curtisjasa @navydiverolympics.com]
Sent: Wednesday, November 16, 2011 10:29 AM
To: patl @carouselmotors.com; torn @carouselmotors.com; billw @carouselmotors.com; chrish @carouselmotors.com;
neala @carouselmotors.com; toma @carouselmotors.com; kevinc @carouselmotors.com; saneld @carouselmotors.com;
susanf @carouselmotors.com; rickd @carouselmotors.com; vinces @carouselmotors.com; aIlend @carouselmotors.com;
andyd @carouselmotors.com; mdreu @aol.com; 'Van Gorp, Barbara J'; 'Nick Summy'; Matt Hayek; alexandra-
dijohn @uiowa.edu; Ross Wilburn; 'Linda Robbins'; 'SCOTT LANGERMAN'; justinmcdowell @navydiverolympics.com;
joshrathje @gmaiI.com; 'MICHAEL H'; 'Craig E. Kleffman'; Mike Brotherton; Bill Campbell; Kevin Heick; Regenia Bailey;
Mike Wright; Susan Mims; 'Vogel, Ann M'; Ross Wilburn; 'SP McGrane'; 'Kirkpatrick, Chad';
Icoppock @truenorthcompnaies.com
Subject: Carousel Motors Crossing My Path.... Again
http: / /www.youtube.com /watch ?v= Ov- oAxge2sE
Hey friends,
I am not sure if you remember when I had the white Mercedes wagon that had all the problems. I got it from that great
business man in our community, John "Pack it your Bung" Bell, when he had the dealership across the street. Then
when I went to Carousel for maintenance they tried and tried to fix it but couldn't. Almost 8 -9 times back at the shop.
Then I came to find out there was a class action lawsuit on the damn motor using too much oil. Of course no one
mentioned that to me. They couldn't fix it or were not willing to replace the car. You Carousel folks, please feel free to
look in your data base about our relationship....:(
Now this morning I get off by some shithead driving the company car at 92 miles an hour. Now these are the same geeks
that interrupt my football games with their #1 on Highway 1 commercial selling high end rides in this crap economy. This
morning on my way to work in rush hour traffic this new Audi SUV, the Carousel Motors shuttle, cuts me off and floors
it. I caught up to him at 92 MPH. Well, now we have a testimonial to how they drive these luxury cars during rush hour
when no one is looking, let alone your own luxury ride.
So please distribute this video to as many people as you know, and we are a pretty hard wired bunch, so we can get out
the message. The U of Iowa directory will be contacted in short order as I feel it is my goal to make sure our community
is safe and aware. For those of you still interested in sponsoring our event this year the time is upon us and we will be
out in California soon. Make those donations quick as we have several wounded guys who need your support. We do
offer you free advertising on our site for those interested in showing your patriotism
Thank You for your support,
Curtis Jasa, Pres.
Navy Diver Olympics, Inc.
319 - 899 -1643
www.navvdiverolympics.com
Marian Karr
From: Mike Wright
Sent: Thursday, November 17, 2011 11:36 AM
To: Marian Karr
Subject: FW: Carousel Motors Crossing My Path.... Again
From: Curtis Jasa [curtisjasa @navydiverolympics.com]
Sent: Wednesday, November 16, 2011 11:31 AM
To: 'Tor Nicklaus'; patl @carouselmotors.com; billw @carouselmotors.com; chrish @carouselmotors.com;
neala @carouselmotors.com; toma @carouselmotors.com; kevinc @carouselmotors.com; saneld @carouselmotors.com;
susanf @carouselmotors.com; rickd @carouselmotors.com; vinces @carouselmotors.com; allend @carouselmotors.com;
andyd @carouselmotors.com; mdreu @aol.com; 'Van Gorp, Barbara J'; 'Nick Summy'; Matt Hayek; alexandra-
dijohn @uiowa.edu; Ross Wilburn; 'Linda Robbins'; 'SCOTT LANGERMAN'; justinmcdowell @navydiverolympics.com;
joshrathje @gmail.com; 'MICHAEL H'; 'Craig E. Kleffman'; Mike Brotherton; Bill Campbell; Kevin Heick; Regenia Bailey;
Mike Wright; Susan Mims; 'Vogel, Ann M'; Ross Wilburn; 'SP McGrane'; 'Kirkpatrick, Chad';
Icoppock @truenorthcompnaies.com
Subject: RE: Carousel Motors Crossing My Path.... Again
Don't worry, Tor. I forwarded it to them, the mayor, his staff and some other folks already for ya. I am working on the
doctors list now at the U of I. this should be completed by today. These people are pretty safety conscience too. I know
your reputation is a big concern for you so I will help get your message out. It must be popular as it is already on the first
page of google videos if you type in Carousel Motors.. Enjoy.
Thank you for your support,
Curtis Jasa
Navy Diver Olympics, Pres.
Box 8244
Cedar Rapids, IA 52408
508 - 815 -4071 (Direct)
319 - 899 -1643 (Mobile)
www.navvdiverolvmpics.com
From: Tor Nicklaus [mailto:torn @carouselmotors.com]
Sent: Wednesday, November 16, 201111:19 AM
To: 'Curtis Jasa'; patl @carouselmotors.com; billw @carouselmotors.com; chrish @carouselmotors.com; neala @carouselmotors.com;
toma @carouselmotors.com; kevinc @carouselmotors.com; saneld @carouselmotors.com; susanf @carouselmotors.com;
rickd @carouselmotors.com; vinces @carouselmotors.com; allend @carouselmotors.com; andyd @carouselmotors.com;
mdreu @aol.com; 'Van Gorp, Barbara J'; 'Nick Summy'; matt -hayek @iowa - city.org; alexandra- dijohn @uiowa.edu; ross-
wilburn @iowa - city.org; 'Linda Robbins'; 'SCOTT LANGERMAN'; justinmcdowell @navydiverolympics.com; joshrathje @gmail.com;
'MICHAEL H'; 'Craig E. Kleffman'; mike- brotherton @iowa - city.org; bill- campbell @iowa - city.org; kevin -heick @iowa - city.org; regenia-
bailey @iowa - city.org; mike- wright @iowa - city.org; susan -mims @iowa - city.org; 'Vogel, Ann M'; ross - wilburn @iowa - city.org; 'SP
McGrane';'Kirkpatrick, Chad'; Icoppock @truenorthcompnaies.com
Subject: RE: Carousel Motors Crossing My Path.... Again
Mr Jasa,
Thanks for your email concerning the Carousel Motors courtesy car that you saw driving at a high rate of speed this morning. That
particular Audi Q5 was loaned out to a client while his car was in for a service visit. Unfortunately the gentleman driving chose not
to display any type of common sense safe driving practice while on his way to work in Cedar Rapids. I also had a report of this
individual weaving in and out of traffic as well. I have forwarded your video and his information on to the Iowa City Police
department for their review.
We take the driving of our service loaners very seriously. As you can certainly understand 1 don't directly control how people drive
my loaners, but I do have the ability to discontinue their access to them. His loaner car privilege has been cancelled effective
immediately. I would encourage any one else that witnesses unsafe acts while driving a Carousel Motors company vehicle to
contact me directly.
Thanks again for bringing this to my attention.
Best regards,
Tor
Tor Nicklaus
Audi /Mercedes -Benz Brand Mgr
Carousel Motors
Iowa City, IA
800 - 798 -7278 toll free
319 - 354 -2550
319 - 337 -6030 fax
No virus found in this message.
Checked by AVG - www.avg.com
Version: 2012.0.1869 /Virus Database: 2092/4620 - Release Date: 11/16/11
3g(19)
Marian Karr
From: Kibby, Nathan K <nathan -kibby @uiowa.edu>
Sent: Wednesday, November 16, 2011 10:44 AM
To: Council
Subject: Fundraiser to Benefit Pediatrics at the University of Iowa
Dear Council Members & Iowa City Officials,
My name is Nathan Kibby and I write on behalf of a new, up and coming University of Iowa student organization named
Peds 4 Peds (Mopeds for Pediatrics). Our organization has some very ambitious goals for a first year group but, if you talk
to any one of our members you will see where that drive and motivation comes from. Our main priority is to raise money
for the children's hospital by organizing an event later this spring. To do this, we believed it would be best to propose the
idea to the leader's of the community before moving too far forward.
Our tentative goal is to take the conventional 5k walk /runs and go a one step further - to be a little more original. We
would like to add a "ride" category. The ride group would consist of students riding mopeds and bikes along a chosen
path. The next group would be the runners (with the possible opportunity of a competitive subgroup and a recreational
subgroup) where they would run along the same path, possibly a shorter distance than the riders. Lastly, is the walk
group that would walk the runner 5k route.
This has a potential to be a pretty community-based event open to not just U of I students but to anyone who is intrigued
or interested. The moped in America is symbolic to college students and we all know how many have mopeds and bikes
on campus.
In order to raise funds for the hospital we will require an individual /group to submit a small participation fee /entrance
donation. We hope to incorporate local businesses by asking them to pledge a small percentage of a single days profits in
addition to many other fundraising events.
For all of this to occur, certain pieces must fall in place, and we went to work cooperatively with the city to ensure the
highest chance of success. For mopeds and bikers, it may be necessary to occupy a lane of traffic for a few hours. We
need to know how possible that is. Also, we want to make sure the weekend is not busy with any other large city events
that might congest traffic more than on a typical day so we should determine an appropriate date for the event.
We aim to be very careful as to not overstep our boundaries and work collaboratively with the University of Iowa and the
City of Iowa City.
In conclusion, I ask that you keep in mind that each dollar earned will potentially help a child. Please do not hesitate to
contact me with questions /concerns.
Nathan Kibby
University of Iowa Sophomore
Business Administration, Marketing, & Sports Studies
(319) 651 -5112
nathan- kibby(duiowa.edu
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CITY OF IOWA CITY
410 East Washington Strect
Iowa City, Iowa 52240 -1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.lcgov.org
November 22, 2011
The Honorable Pat Harney, Chair
Johnson County Board of Supervisors
913 S. Dubuque Street
Iowa City, IA 52240
Dear Pat and Members of the Board,
Robert and Doris Swartzendruber are requesting that 0.93 acres of land be rezoned from
County Public (P) to County Residential (R) and that the boundary line of their adjacent property
be adjusted to encompass the subject property, conditional on the transfer of ownership of the
subject property from the City of Iowa City to the applicants. The subject property is located
immediately south of 3920 Kansas Avenue SW in Fringe Area C of the Johnson County /Iowa
City Fringe Area Agreement.
This property is outside the City's growth area in Fringe Area C. It is zoned Public because it is
a part of the landfill property. The applicants wish to purchase the land from the City because it
contains part of the applicant's septic system. To accomplish this, the land will need to be
rezoned from Public to Residential.
At its November 3, meeting, the Iowa City Planning and Zoning Commission recommended that
the City Council forward a letter to the Board of Supervisors recommending approval of the
requested rezoning and a boundary line adjustment to facilitate transfer of ownership from the
City to the applicants. The City Council concurs with the Commission's recommendation and
recommends that the rezoning and lot line adjustment be approved by the County.
We appreciate the opportunity to review this rezoning request.
Sincerely,
Matthew J. Hayek,
Mayor
November 22, 2011
The Honorable Pat Harney, hair
Johnson County Board of Su ervisors
913 S. Dubuque Street
Iowa City, IA 52240
Dear Pat and Members of the Boariq,
Robert and Doris Swartzendruber alb
County Public (P) to County Residentia
be adjusted to encompass the subject
subject property from the City of Iowa
immediately south of 3920 Kansas Av
City Fringe Area Agreement.
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240-1826
(3 19) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
requesting tp6t 0 acres of land be rezoned from
(R) and th th oundary line of their adjacent property
operty on ' ional on the transfer of ownership of the
ty ;gin a "applicants. The subject property is located
n Fringe Area C of the Johnson County /Iowa
This property is outside the City's gro are in Fringe Area C. it is zoned Public because it is
a part of the landfill property. The a licants ish to purchase the land from the City because it
contains part of the applicant's s ptic syste To accomplish this, the land will need to be
rezoned from Public to Resident' .
At its November 3, meeting, e Iowa City Planni and Zoning Commission recommended that
the City Council forward letter to the Board o Supervisors recommending approval of the
requested rezoning and boundary line adjustme t to facilitate transfer of ownership from the
City to the applicants. The City Council concurs th the Commission's recommendation and
recommends that th rezoning and lot line adjustme t be approved by the County.
We appreciate#% opportunity to review this rezoning �eq uest.
Since
Matthew J. Hayek,
Mayor
^� ®4 CITY OF IOWA CITY
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®,. MEMORANDUM
Date: November 3, 2011
To: Planning & Zoning Commission
From: Travis Kraus, Planning Intern
Re: CZ11 -00001 3920 Kansas Avenue SW
The applicants, Robert and Doris Swartzendruber, are requesting that 0.93 acres of land be
rezoned from County Public (P) to County Residential (R) and that the boundary line of their
adjacent property be adjusted to encompass the subject property, conditional on the transfer of
ownership of the subject property from the City of Iowa City to the applicants. The subject
property is located immediately south of 3920 Kansas Avenue SW in the NW %, SW '/4 of
Section 14- T79N -R7W.
Currently, the septic system servicing 3920 Kansas Avenue is on the subject property owned by
the City. The applicants would like to purchase the property from the City, and adjust the
boundary line to include both 3920 Kansas Avenue SW and the tract of land containing the
septic system. The City supports the sale of this tract of land.
This area is within two miles of the City's Corporate Limits and is therefore subject to the Fringe
Area Policy Agreement, which requires that the City comment on rezonings within its extra-
territorial jurisdiction.
Fringe Area Policy Agreement: The Fringe Area Policy Agreement Between Johnson County
and Iowa City, is designed to guide land use development in ways that are beneficial to both the
City and County. The subject property is situated within Fringe Area C of the Fringe Area Land
Use Plan but is not within the City's Long -Range Growth Boundary.
STAFF RECOMMENDATION:
Staff recommends that Council forward a letter to the Johnson County Board of Supervisors
recommending approval of an application submitted by Robert and Doris Swartzendruber to
rezone 0.93 acres of property located immediately south of 3920 Kansas Avenue SW.
Additionally, staff recommends that the letter indicates approval for a boundary line adjustment
to facilitate transfer of ownership from the City to the applicants.
ATTACHMENT:
Location Map
Approved by:
Robert Miklo, Senior Planner
Department of Planning and Community Development
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• CZ11 -00001 An application submitted by
Robert and Doris Swartzendruber for a
rezoning from County Public (P) zone to
County Residential (R) zone for .93 acres
of property located immediately south of
3920 Kansas Avenue SW.
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SITE LOCATION: Property south of 3920 Kansas Avenue SW
CZ11 -00001
SITE LOCATION: Property south of 3920 Kansas Avenue
CZ11 -00001