HomeMy WebLinkAbout2012-03-20 Correspondencer
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CITY OF IOWA CITY 3 1
MEMORANDUM
Date: March 7, 2012
To: Tom Markus, City Manager
From: Ronald R. Knoche, City Engineer
Re: Competitive Quotation Results
WASHINGTON STREET TWO -WAY CONVERSION
Competitive quotations for the Washington Street Two -Way Conversion Project were
opened on March 6, 2012 and the following quotes were received:
All American Concrete
Feldman Concrete
Streb Construction
Harding Concrete
Metro Pavers
Engineering Consultants, Inc.
Engineer's Estimate
West Liberty, IA
$ 47,380.41
Dyersville, IA
$ 52,793.70
Iowa City, IA
$ 53,916.45
North Liberty, IA
$ 58,933.17
Iowa City, IA
$ 63,410.10
Cedar Rapids, IA
$ 73,320.00
$ 60,978.20
Public Works and Engineering recommended and the City Manager awarded the
contract to All American Concrete of West Liberty, Iowa. The project will be funded with
General Obligation bond proceeds.
�I r j
CITY OF IOWA C I T Y 392)
MEMORANDUM
Date: March 8th, 2012
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for March 20th, 2012 City Council meeting; Installation of (2) NO PARKING
BETWEEN SIGNS signs with supplemental arrows on the east side of Bartelt Road
to the north and south of the transit stop.
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
supplemental arrows on the east side of Bartelt Road to the north and south of the transit stop.
Comment:
This action is being taken at the request of the Transportation Services department to reduce
on- street parking congestion near the transit stop.
r 1 _
, ®4 CITY OF IOWA CITY 3g(3)
Date: March 8th, 2012
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for March 20th, 2012 City Council meeting; Installation of NO PARKING ANY
TIME signs on the east side of Algonquin .Road.
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); Installation of NO PARKING ANY TIME signs on the east side
of Algonquin Road.
Comment:
This action is being taken to establish parking protocol and ensure orderly traffic flow in a
developing higher density section of the Mackinaw Village neighborhood. This action was
initially requested by the developer.
r
,. ®fir CITY OF IOWA CITY 3g(4)
Date: March 9th, 2012
To: City Clerk
From: Darian Nagle -Gamm, Traffic Engineering Planner
Re: Item for March 20th, 2012 City Council meeting; Installation of COMMERCIAL
LOADING ZONE 30 MINUTE LIMIT 8 AM — 5 PM and an ALL VEHICLE LOADING
ZONE 15 MINUTE LIMIT 8 AM — 5 PM with a 2 AM TO 6 AM TOW -AWAY ZONE on
the north side of the 200 block of East Washington 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); Installation of COMMERCIAL LOADING ZONE and ALL
VEHICLE LOADING ZONE with a 2 AM TO 6 AM TOW -AWAY ZONE on the north side of the
200 block of East Washington Street.
Comment:
This action is being taken as part of the Washington Street two -way conversion project. This
will supersede a previous version which indicated the loading zone prohibitions would be in
effect Monday through Friday. The prohibitions will be in effect Monday through Sunday.
Marian Karr
From: Icm- elca @uiowa.edu
Sent: Saturday, March 03, 2012 4:44 PM
To: Council
Cc: opinion @press - citzen.com
Subject: Sanctuary City
Dear Iowa City Council Members:
5)
In response to the front page article in today's Press - Citizen (March 3, 2012) on immigration, "I Would Like to
Stay Here," by Josh O'Leary, I write to urge the City Council to take the necessary steps in order to enact an
ordinance that exempts city employees from requesting immigration status documentation from Iowa City
residents except as required by state and federal law. Iowa City should be known as a welcoming community
for all people, and those who live within our jurisdiction should be made to feel safe and free to access public
services without fear of recrimination.
The Consultation of Religious Communities, represented by the Sanctuary City Committee as mentioned in the
article, will dedicate a portion of its monthly meeting in April to adopting a resolution in support of Iowa City
Human Rights Commission recommendations to create guidelines and protocols for city employees dealing
with registered and unregistered immigrants. I urge the City Council to act without delay on this important and
timely issue. Let us make this a city where all residents, regardless of immigration status, can feel valued, free,
and safe.
Sincerely,
The Rev. Robert D. Dotzel
President, Consultation of Religious Communities
Lutheran Campus Ministry - ELCA
Believing Boldly in God's Grace
109 E. Market St.
Iowa City, IA 52245
319 - 338 -7868
www.uiowa.edu/—Icmelca
3g(6)
Marian Karr
From: Bruce Maurer <bruce.maurer @thrivent.com>
Sent: Monday, March 05, 2012 2:04 PM
To: Council
Subject: parking fines
received a parking ticket today. That is not unusual in this town. What seemed unusual, however, is that my
fine was $10. That is more than I have ever paid for a parking ticket so I read all the fine print on the back of
the ticket. What I learned is that the city now has an escalating parking fine system. I usually don't get
parking tickets but for some reason I have as of late. Apparently this was my 3rd infraction so my fine was
$10. Do you realize that if I get two more my fine will be $15 and two more after that it will be $20 and then
$25. Do you actually approve of such outrageous penalties for in my case today being gone 3 or 4 minutes
longer than the amount of money I had put in the meter (by the way, I was in an area that is not even
remotely close to a parking facility so that was not an option) ?? This is a great example of how unfriendly this
town is to people wanting to shop in Iowa City. Is it any wonder that the downtown is predominantly students
and others who are within walking distance. To charge anyone that much for a parking ticket is absolutely
ridiculous. If that is really what you want then don't complain about people not stopping to shop because
instead of incentives to do so there are penalties that many will not risk. The Coral Ridge Mall is looking better
all the time.
Bruce Maurer
Marian Karr
From:
Chris O'Brien
Sent:
Thursday, March 15, 2012 8:14 AM
To:
'bruce.maurer @thrivent.com'
Cc:
Council
Subject:
parking fine correspondence
Attachments:
20120314095408296.pdf
Mr. Maurer,
Thank you for your input regarding our parking fine structure. I hope that my response will provide you with a
satisfactory explanation. The most important factor to remember about our expired meter fine structure is that it resets
to $0 every six months. In your case, you have received 3 parking citations since January 1, 2012. Your first expired
meter citation was $0, followed by a $5 citation and most recently a $10 citation. Regardless of how many additional
expired meter citations you receive between now and June 30, effective July 1, your next expired meter citation would
be $0, followed by a $5 and then a $10 citation, etc. Then, on January 1, 2013, it would once again repeat itself starting
with a $0 expired meter citation. This system allows customers that only on occasion remain parked at an expired meter
to avoid substantial fines, but escalates the citation amount for repeat offenders during the six month intervals. If you
would like any more details, feel free to contact me directly.
Chris O'Brien
Director of Transportation Services
City of Iowa City
(319)356 -5156
Marian Karr
From: tony barino <barrinotony@g mail. com>
Sent: Wednesday, March 07, 2012 8:41 AM
To: Council
Attachments: obama discovery[1].doc; TRILLIONAIRE COMMUNICATIONS.docx
Bohus v Bellhoff, 950 2d 919, 924 (3rd Cir. 1991) in the storms of suspicious fraud
this motion for discovery is appropriate as it set in the eyes of the court on the
following possible imputable standards that should disturb the Respondents into
compliance immediately. The Respondents acts is wanton conduct that will defraud
Newsome the Respondents knowing the results of their conduct and acts in initiation
of a unconstitutional executive order would result is dangerous things, pecuniary
harm and financial loss. The action is reasonable to overcome the administrative
obstacles and purposeful discriminations that are depriving the Respondents of civil
liberties Cooper v Aaron, 358 U.S.1 (1958) the Respondents have liability and is
imputable for effectuations flowing from the authors hands or flowing the corruptors
executive order; all harm that resulted from acts committed by the Respondents that
occurred during the commission of the offense or in preparation for that offense.
Article II section 4 the Respondents overacts provide the enough specific issue in
the element in the intent to defraud United States v. Fine, 975 F.2d 596, 599 -
600(9thCir.1992).Anchorbank v Hofer,(7th Cir. 2011)3 C7SAM Jur. 2d Fraud and
Deceit 145 (1968)the fail to adhere to statues that is provisional to complete a
legitimate transaction, the Petitioner stipulate to move for further legal acceleration in
18 USC 912 USAM 948. The issue has ingredients to move the matter into discovery
investigations on the following legal grounds: United States v Twee l, 550 F. 2d 297,
299 (1977) Mercer v Lence the action awakes the silence, moves into the open the
invisibilities and purges the concealment. Morrison v CoddinQton, 662 P 153, 155
Ariz. 480 (1980)the Respondents are manifest hostile possession the yield and facts
presented will shock the judicial conscience; the discovery will result in different
disposition given the application of adequate and reasonable exhaustion. Huddleston
v United States, 485 U.S. 681 (6t' Cir. 1988)Horn v Huddle, CA -1756 (D.C. Dist
2009)Halbstam v Welch, 705 F. 2d 472 (D.C. Dist. 1972) Armstrong v Treasury, 2009
3155 (Fed. Cir.)The discovery is disturbing the truths in the suit in the Respondents
are suspicious to conspire against the innocent owner of estate where the is "severe
recklessness" that will defraud, cause a financial loss and causes probabilities of
harms that ordinarily the Petitioner would not be susceptible to. The discovery is
pursuing on the following 2011 federal guidelines that can indict the Respondents
with inquiry:
THE FINANCIAL INSTITUTION ENHANCEMENT
Disruption of governmental function ( §5K2.7)
If the defendant's conduct resulted in a significant disruption of a governmental function,
the court may increase the sentence above the authorized guideline range to reflect the
nature and extent of the disruption and the importance of the governmental function
affected. Departure from the guidelines ordinarily would not be justified when the
offense of conviction is an offense such as bribery or obstruction of justice; in such cases
interference with a governmental function is inherent in the offense, and unless the
circumstances are unusual the guidelines will reflect the appropriate punishment for such
interference.
Criminal purpose ( §5K2.9)
If the defendant committed the offense in order to facilitate or conceal the commission of
another offense, the court may increase the sentence above the guideline range to reflect
the actual seriousness of the defendant's conduct.
• Coercion and duress ( §5K2.12)
If the defendant committed the offense because of serious coercion, blackmail or duress,
under circumstances not amounting to a complete defense, the court may depart
downward. The extent of the decrease ordinarily should depend on the reasonableness of
the defendant's actions, on the proportionality of the defendant's actions to the seriousness
of coercion, blackmail, or duress involved, and on the extent to which the conduct would
have been less harmful under the circumstances as the defendant believed them to be.
Ordinarily coercion will be sufficiently serious to warrant departure only when it involves
a threat of physical injury, substantial damage to property or similar injury resulting from
the unlawful action of a third party or from a natural emergency. Notwithstanding this
policy statement, personal financial difficulties and economic pressures upon a trade or
business do not warrant a downward departure.
Public welfare ( §5K2.14)
If national security, public health, or safet was significantly endangered, the court may
depart upward to reflect the nature and circumstances of the offense.
Extreme conduct ( §5K2.8)
If the defendant's conduct was unusually heinous, cruel, brutal, or degrading to the
victim, the court may increase the sentence above the guideline range to reflect the nature
of the conduct. Examples of extreme conduct include torture of a victim, gratuitous
infliction of injury, or prolonging of pain or humiliation.
§3A1.1. Hate Crime Motivation or Vulnerable Victim
(a) If the finder of fact at trial or, in the case of a plea of guilty or nolo
contendere, the court at sentencing determines beyond a reasonable doubt that the
defendant intentionally selected any victim or any property as the object of the
offense of conviction because of the actual or perceived race, color, religion,
national origin, ethnicity, gender, gender identity, disability, or sexual orientation
of any person, increase by 3 levels.
§3131.1. Aggravating Role
Based on the defendant's role in the offense, increase the offense level as follows:
(a) If the defendant was an organizer or leader of a criminal activity that
involved five or more participants or was otherwise extensive, increase by 4
levels.
(b) If the defendant was a manager or supervisor (but not an organizer or
leader) and the criminal activity involved five or more participants or was
otherwise extensive, increase by 3 levels.
(c) If the defendant was an organizer, leader, manager, or supervisor in any
criminal activity other than described in (a) or (b), increase by 2 levels
§3B1.3. Abuse of Position of Trust or Use of Special Skill
If the defendant abused a position of public or private trust, or used a special
skill, in a manner that significantly facilitated the commission or concealment of
the offense, increase by 2 levels. This adjustment may not be employed if an
abuse of trust or skill is included in the base offense level or specific offense
characteristic. If this adjustment is based upon an abuse of a position of trust, it
may be employed in addition to an adjustment under §313 1.1 (Aggravating Role);
if this adjustment is based solely on the use of a special skill, it may not be
employed in addition to an adjustment under §3B1.1 (Aggravating Role).
§3C1.1. Obstructing or Impeding the Administration of Justice
If (1) the defendant willfully obstructed or impeded, or attempted to obstruct or
impede, the administration of justice with respect to the investigation,
prosecution, or sentencing of the instant offense of conviction, and (2) the
obstructive conduct related to (A) the defendant's offense of conviction and any
relevant conduct; or (B) a closely related offense, increase the offense level by 2
levels.
§1131.3. Relevant Conduct (Factors that Determine the Guideline Range
(a) Chapters Two (Offense Conduct) and Three (Adjustments). Unless
otherwise specified, (i) the base offense level where the guideline specifies more
than one base offense level, (ii) specific offense characteristics and (iii) cross
references in Chapter Two, and (iv) adjustments in Chapter Three, shall be
determined on the basis of the following:
(1) (A) all acts and omissions committed, aided, abetted, counseled,
commanded, induced, procured, or willfully caused by the defendant; and
(B) in the case of a jointly undertaken criminal activity (a criminal plan,
scheme, endeavor, or enterprise undertaken by the defendant in concert with
others, whether or not charged as a conspiracy), all reasonably foreseeable acts
and omissions of others in furtherance of the jointly undertaken criminal activity,
Illustrations of Conduct for Which the Defendant is Accountable
(b) Acts and omissions aided or abetted by the defendant; requirement that the
conduct of others be in furtherance of the ,'o1 intly undertaken criminal activity
and reasonablX,foreseeable
(c) Requirement that the conduct of others be in furtherance of the jointly
undertaken criminal activity and reasonably foreseeable; scope of the criminal
activi
"Harm" includes bodily injury, monetary loss, property damage and any resulting
harm
If the offense guideline includes creating a risk or danger of harm as a specific
offense characteristic, whether that risk or danger was created is to be considered in
determining the offense level.
Common scheme or plan" and "same course of conduct" are two closely related
concepts.
TRILLIONAIRE COMMUNICATIONS - - -- US CONSTITUTIONARTILE II SECTION 4----
TRANSPARENCY IN WASHINGTON - -- WHAT OBAMA/G30 DONT WANT YOU TO
KNOW - - -- ACCELERATING THE IISUE INTO A DISCOVERY INIVESTIGATION----
CONTEMPT IS JUST FORMALUITES ---- THIS IS HOW YOU HANDLE A MONEY ISSUE
IN AMERICA - -- - "FOR REAL " - -- THIS IS STRAT OF A DISCOVERY MOTION--- -
MARKETS UP--- "there are 1300 individual enhancement counts on 5 different tiers that legally
applicable to obama and giethner - -- BILL OF ATTAINDER CLASUE EXCEEDING THE
NINTH AMENDMENT
Marian Karr
From: Steve Cooper <smcooper62 @gmail.com>
Sent: Wednesday, March 07, 2012 4:17 PM
To: Council
Subject: Pay Day Lenders
To Iowa City Council:
3W8
Sadly, pay day lenders open shop in localities that can support them. Rather than focus on re- zoning the
locations, focus on bringing jobs and income to those people requiring payday loans. I just searched payday
lenders in Beverly Hills, CA. and there are four. So I suppose all communities have the need for short term
money. Are they predatory? They offer money at great risk, the default rate is very high, so they set interest
rates accoringly. Maybe try and work with the banking community to offer loans to people with bad credit or
no credit. My point of course is that you cant manage people lives by relocating their vices - people who need
payday lenders will still find the lender.
Steven Cooper
2460 Towncrest Drive
Iowa City, Iowa 52240
Marian Karr
From:
Matt Hayek
Sent:
Tuesday, March 13, 2012 8:54 PM
To:
Marian Karr
Subject:
FW: Ordinance
I assume you received this already but here it is just in case.
From: Michael Finlayson [MFinlayson @midwestone.com]
Sent: Wednesday, March 07, 2012 2:55 PM
To: Matt Hayek; Susan Mims; Terry Dickens; Rick Dobyns; Michelle Payne
Subject: Ordinance
Councilors,
(9
In reference to the suggested ordinance restricting 'pay-day loan' entities within the Iowa City boundaries, please
consider these thoughts:
1. These entities are formed as designated by the state of Iowa and the laws that pertain to the their operation.
2. It restricts the opportunity for those in need to seek alternatives to conventional lending entities.
3. By engaging ordinances, this is a restriction to the free market system.
4. You would be allowing emotion rather than rationale in the decision process. Just because somebody doesn't like
something, it doesn't necessarily mean everyone else agrees. If we went with that mentality, I would suggest we
have ordinances banning smoking entirely, eliminating large SUV's, selling lottery tickets at convenience stores, and
selling hummus in Iowa City... because I don't any of those things. Or the concept that there are too many Mexican
restaurants on the south east side, or too many sub -shops downtown. Therefore, would should not allow any more
to open.
While I personally would not recommend anyone to use these entities (payday loan) and their services, I
understand that they fill a need or they wouldn't be around.
It's a choice of the consumer, not government to make that decision. If the consumer doesn't like or need it, it will
go away.
Sometimes we need to step back and think of our own interests. It would be great if would could restrict how
many banks opened in Iowa City, because that would benefit me. Or restrict how many jewelry stores, attorneys,
or ice cream shops could operate in a specific area. This would inhibit entrepreneurial freedoms and competition
for which our economy flourishes on.
I think the 'cab situation has some similar comparisons. Those complaining about 'too' many cab companies out
there is their problem. Suggesting government to regulate is a cop -out to protect their interests through laws. It's
called competition, and if they are the best at what they do, they will be successful.
I do agree with the need to review some consistencies in signage, fares, and safety of the vehicles involved.
Thanks for your time!!
Mike
Michael Finlayson
Second Vice President, Retail Managing Officer NMLS ID 641649
MidWestOne Bank
102 South Clinton Street
Iowa City, IA 52240
Phone: 319 - 356 -5859
Fax: 319 - 356 -5849
Toll Free: 1- 800 - 247 -4418
mfinlayson @midwestone.com
EMUWestOne
Bank.
You rr the Omi
IMPORTANT: This message, including any attachments, is intended only for the use of the individual or entity to which it is
addressed, and may contain information that is privileged, confidential, and exempt from disclosure under applicable law. If you
are not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are
hereby notified that any use, retention, dissemination, distribution or copying of this communication is strictly prohibited. If you
have received this communication in error, please notify the sender immediately and destroy your copy. Thank you.
7EM'ENOS HOLSW THERAPES, LLC
Kristin Sturdewn4 Ph.D, LMHC
1570 a NWAm Sta, F
10VO city, 10" 52M
31"544552
To the City Council of Iowa City.
3 (10
Enclosed is a letter -to- the - editor of the IC Press Citizen, which I had no illusions about; I knew they
would not print it.
I would appreciate it if you would take this letter seriously. I would be fine with appearing at a Council
meeting to further discuss this, if you would like me to.
Sincerely,
Kristin Sturdevant, Ph.D., LMHC
March 8, 2012
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02/17/2012
Letter -to- the - Editor:
This letter concerns the hazardous intersection at S. Dodge St. and Bowery St. in Iowa City,
Before Bowery St., S. Dodge St. has two one -way lanes going south, and there is a sign
alongside the street alerting drivers that beyond the intersection S. Dodge St. will become a
two -way street. However, there is no sign warning motorists that S. Dodge will have three lanes
at the intersection. That is, one lane for traffic turning left, one for traffic going straight, and a
third for traffic going straight or turning right. This can present very real concerns when traffic is
heavy and when drivers are unfamiliar with the street. Drivers may have to quickly decide how
to make it into the lane they need, or drive on the dotted white line that ends shortly before the
two lanes turn into three.
S. Dodge St. needs a sign alongside the street or above the street at the intersection that
drivers can see enough in advance to make a prudent and gradual transition.
Thank you.
Kristin Sturdevant
233 E. Main St.
Solon, IA 52333
business owner in Iowa City
319 - 354 -4552
:)
March 14, 2012
Kristin Sturdevant
223 E Main St
Solon, IA 52333
Re: Dodge St / Bowery St Intersection
Ms Sturdevant:
I
CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
Thank you for your letter regarding the Dodge St / Bowery St intersection. We are in the
midst of collecting traffic data and observations for this segment of Dodge St as part of a
separate traffic study, and will add to the list a study of traffic operations at this
intersection.
The current lane configuration has been in place since 2000, due to significant congestion
at the intersection, and motorist confusion related to turning movements at the
intersection. The separate left turn lane and right - through lane designation has helped
clarify where motorists should position their vehicles. You are correct that the transition
to the turn lanes at the intersection is relatively short. We will evaluate whether the lane
designation pavement markings can be extended, and evaluate signage in the corridor.
I will keep your contact information, and will let you know the results of our evaluation.
Feel free to contact me at 319- 356 -5252 or John- Yapp(a Iowa -Cit y�org with any
questions.
Y
John Yapp, Transportation Planner
A. B. Property Management & Sales
Anna Buss, Broker
P. O. Box 2807
Iowa City, IA 522444807
To: The Iowa City Council Members,
3 -12 -12
From Anna Buss
3g(11)
I am forwarding this article (* * see below) to you — it is off of the Iowa City web page. In
an effort to raise more mone for the City just- consider the figures —1806 inspections
(* * see below) at j 1, ZIA 1q now that is a real chunk of change! Just
think what the City could do with that kind of extra money added to the budget. In the big
picture that might not seem like a lot of much but say you raise that fee to $250.00 per
inspection now you have 1451,500.00 that amount of money would fund a lot of projects.
(Crisis Center —Food Bank — Pot Holes) Please think about it.
The Fire Prevention Bureau (FPB) continues to follow its.mission of serving
the community through protection of lives and property by coordinated efforts
in code enforcement and fire prevention. What follows is a brief "By the Numbers"
review of the bureau's activities.
Fire suppression activities aren't the only way to battle fires! By observing,
making recommendations, and subsequently controlling and eliminating hazardous
conditions, fire inspectors can make major strides in reducing fire incidents.
The FPB coordinates regular annual inspections of businesses, schools,
daycares, churches, and university buildings in the jurisdiction. Inspections not
only serve as an important part of the overall fire prevention effort, they also
provide an opportunity for fire personnel to walk through structures in the city,
enabling them to become familiar with the layout, contents, and construction
characteristics of each occupancy. In 2011, 1,806 fire and life - safety inspections
were performed to ensure occupancies in our community are safe and
ready to serve their customers. Inspectors also continue to collect and update
pre -fire planning data for all buildings in their assigned zones. To date, 78 percent
of facilities inspected have had their pre -plan information recorded.
A vital part of any effective fire prevention program is an active public education
effort. The most effective way to reduce fire loss is to prevent them
from starting. FPB education programs provide the citizens of Iowa City with y3 ;�
up -to -date life -safety messages in fire and injury prevention through direct _... ,
training programs, as well as demonstrations using various forms of visual and .�.,
static displays. In 2011, fire and life -safety education provided over 500 presentations, 4 %-
ry
accounting for over 740 hours of contact. In addition to public education
programs geared for children, public educators also provided programs - M
focusing on general home safety, older adult safety, public assembly safety, and
residence hall safety. The ICFD also continues to build partnerships within the
community, co- sponsoring a mock residence hall room burn, a smoke alarm'
replacement program, and attending numerous safety fairs.
(319) 339 -4783 offlce
A, Z,_� * ZZ
(319) 331 -1120 cell
(319) 338 -2662 fax
A. B. Property Management & Sales
Anna Buss, Broker
P. O. Box 2807
Iowa City, IA 52244.2807
Fire investigators examine all fires that occur in the jurisdiction. Finding
the origin and cause of a fire can help investigators determine whether or not a
crime has occurred, but more importantly, the investigation may help in preventing
similar occurrences through directed prevention efforts. In 2011, there
were 162 actual fires, a slight decrease from the previous year. Investigation in
the cause of ignition for building fires determined 56% accidental, 13% intentional,
13% undetermined after investigation, 8% due to failure of equipment,
8% exposure to fire, and 2% remain open and active. Unfortunately, preventable
accidents, such as cooking and careless disposal of smoking materials,
continue to account for the majority of building fires.
Fire prevention is a group effort and we all play a part in the success and
failure. The ICFD will continue to be a partner in making the community safer.
Please join us in the mission. Stay safe.
Fire Marshal John Grier
r.�
ca
(319) 339 -4783 office (319) 331 -1120 cell (319) 338 -2662 fax
Marian Karr
12)
From: Tom Markus
Sent: Wednesday, March 14, 2012 8:22 AM
To: Chris O'Brien; Jeff Davidson; Bob Miklo; Wendy Ford; Geoff Fruin; Adam Bentley; Simon
Andrew; Eleanor M. Dilkes
Cc: Matthew J. Hayek (mhayek @hhbmlaw.com); Marian Karr
Subject: FW: New Pioneer Plans for Moving and Expansion
Fyi Marian see note that Dorsey Phelps wishes this to be copied to council.
From: Matt Hayek
Sent: Tuesday, March 13, 2012 9:19 PM
To: dorseyph @aol.com
Cc: Tom Markus
Subject: RE: New Pioneer Plans for Moving and Expansion
Hello Ms. Phelps,
Thanks for your email, and my apologies for the delay in responding. You raise a very good point with respect to the
long -term disposition of this corner property. Presently the city is awaiting responses from the private sector to our
request for proposals for utilization of the property, and we anticipate that the co -op's will be one of multiple proposals
received. I am copying city manager Tom Markus on this email as I know he will want staff to give consideration to the
parking impact on area stakeholders such as Trinity.
The community is blessed to have Trinity downtown and I am aware of Trinity's recent capital investments to improve its
facility. We will certainly keep the points you raise in mind during the RFP process.
Regards,
Matt Hayek
From: dorseyph @aol.com [dorseyph @aol.com]
Sent: Friday, March 02, 2012 2:18 PM
To: Matt Hayek
Cc: barbara- eckstein @uiowa.edu
Subject: New Pioneer Plans for Moving and Expansion
Dear Matt,
Congratulations on your re- election and many thanks for your willingness to serve Iowa City for another term!
I am writing to you as Mayor and expect that you will relay my concern to the rest of the City Council. I realize
that the Council does not have any immediate votes coming up regard the issue of the New Pioneer purchasing
City properties at the corner of College and Gilbert, but I want you to know while this potential move and
development is in the planning stage that I have serious concerns regarding the New Pioneer plan to move to the
corner of College and Gilbert. They have solicited a membership vote on the move with Ballots due by March
31st, and a series of discussions on the plans March 10th, 18th, 20th, 21st and 31st. The plans, as outlined in
their brochure, express a knowledge that their Patrons and Members will have a concern about Parking -- they
expect to reserve 80 -90 short-term spaces in the Chauncey Swan Parking Garage, and to have 8 -10 diagonal slots
for on- street parking. The plan does not outline how they plan to deal with the parking implications of the non -
store levels (floors of office space and upscale condos) of the new facility.
None of the proposed and published plans suggest an awareness of how all of this will impact Trinity Episcopal
Church which is also located at the corner of College and Gilbert! We not only have heavy use of parking in the
area on Sunday mornings, but we have already had problems with midweek funerals and weddings when there
can easily be an influx of 250 -300 individuals at once. Chauncey Swan already parks many individuals working
downtown -- and it also has a system which has technological problems with the payment system. In addition,
the removal of the Chamber of Commerce parking lot will put additional stress on Chauncey Swan on weekdays
as well as eliminating Sunday and evening parking for churchgoers.
I believe that most of us at Trinity like the idea of the Co -op being our neighbor, but our commitment to be a
downtown church and community center assumes the availability of parking for our functions. I believe that
there should be a way, with advanced planning and good communications, that we can foresee and mediate
potential problems with increased parking demands (...and fewer spaces). This will require diligent
communicating and planning on the part of our Vestry (Barbara Eckstein, Senior Warden), Co -op leaders and City
Officials. We all have an interest in a vibrant and usable downtown!
Sincerely,
Dorsey Phelps
427 Ferson Avenue
338 -5639
dorsevphOaol.com
March 19, 2012
Iowa City City Council
410 East Washington Street
Iowa City, Iowa 52240
BOARD OF SUPERVISORS
Dear members of the Iowa City Council,
li
J
a.{
The Board of Supervisors has met several times to discuss contracting with Iowa City for animal
sheltering services. Our discussions have been based on Chief Hargadine's letter in October
2011 to Sheriff Pulkrabek, the City's presentation at the January 25, 2012 meeting of the
Metropolitan Planning Organization Policy Board and our meeting with Tom Markus on March
9th. We understand that the City is looking to the County to commit funds toward the capital
costs of building the new shelter plus a commitment of annual funds toward operations. Our
prior letters of October 27, 2011 and February 16, 2012 have already set forth some of our
concerns regarding the requested commitments.
The Board hopes that it will be possible to continue this discussion in order to arrive at a
mutually beneficial agreement with Iowa City regarding these services but we find it impossible
to make a specific commitment today of future funds toward the shelter. There continue to be a
number of issues that need to be addressed between the parties. These issues concern the level of
service provided and the expectations of the new shelter. Until these matters are resolved, we
find it difficult to make a specific commitment of funds.
OPERATING COSTS:
The power point presentation given to the Board on March 9th listed the following services
provided by the shelter:
• Law Enforcement/Public Safety
• Stray Animal Capture
• Animal Bite Quarantine
• Wildlife Abatement
• Cruelty/Neglect Investigation
• Licensing/Permits
• Animal Adoption
• AnimalIntake/Reclaim
• Public Education
• Disaster Response
• Animal Chemical Decontamination
913 SOUTH DUBUQUE STREET, SUITE 201 ♦ IOWA CITY, IOWA 52240 -4207 s PHONE: (319) 356 -6000 ♦ FAX: (319) 356 -6036
Iowa City City Council
March 19, 2012
Page 2
We understand that these services are provided to urban residents but rural residents are
governed by different regulations and have different expectations regarding the level of service
they expect regarding animal issues. The Board of Supervisors would like to arrive at an
agreement for a per - animal fee for animal intake /reclaim, adoption and public education and a
negotiated charge for all other services as requested by the County. Clearly, this would require
thorough discussions between the County and shelter staff so that expectations are clear..
The County has ,paid for animal services for a number of years, and, for at least five years the
Board has budgeted $74,000 for animal services. Due to the low per animal charge in the current
contract with the City, and the sporadic invoicing received from the City, our contribution has
not approached the budgeted figure. While we cannot commit to a specific level of funding now,
our expectation would be that once the fees and services were negotiated, the County would need
to increase the amount of finds budgeted starting in FY 2014 to cover those services.
CAPITAL COSTS
The Board of Supervisors is unwilling to agree to either the capital contribution of $511,903 in
Chief Hargadine's letter or a reduced figure that would be premised on construction of the full $4
million shelter and $1 million raised by the Friends of the Animal Shelter Foundation. We
continue to believe that taxpayer funds should be used to construct a facility to provide basic
services while private fandraising should be used to build and furnish space that supplements the
basic services.
The Board of Supervisors is willing to contribute to the capital costs of the shelter if the scope of
the project is reduced or it is assumed that the Foundation will raise $1.5 million or more. The
specific dollar amount would have to be negotiated after the City has determined the extent of
the project.
We hope that this is helpful as the Council deliberates the planning for the new shelter. The
Board is interested in continuing the discussion.
Yours tiuly,
Wei
Rod Sullivan
Chairperson
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Date: March 20, 2012
To: City Council
CITY OF IOWA CITY
MEMORANDUM
From: Adam Bentley, Administrative Assistant to the City Manager
Re: Downtown Mobile Vending- Appeal
Introduction:
Mobile Vendors are cart based food service businesses in downtown Iowa City. The City Manager's
Office administers and enforces the mobile vending operations that occur on the pedestrian mall in
downtown Iowa City.
Background:
The City Manager's Office processes mobile vending permits for those interested in mobile vending in
downtown Iowa City. The applications are scored by the city departments that are or will be involved
with the program. This includes the City Manager's Office, Housing and Inspections, and Park and Rec.
The scoring tool (see attached) utilized is based on a weighted system that emphasizes experience with
the owner, citations issued, and maintenance of the cart. The process is governed by a set of
administrative rules set by the City Manager established through ordinance.
For vending season 2012, there were 8 applications submitted. All graders were given copies of the
applications and were asked to score each application. The Manager's Office then tabulated the totals and
averaged them to generate a score that is used to determine which cart will be granted a permit. The
maximum score achievable is 40. The following are the results:
Marco's Grilled Cheese 39.75
Georges' Best Gyros 39.5
Pop's Italian Beef 36.75
Aladdin Pitas 32
Pedro's Taco 34.75
The Cornroc 27.5
Hillery's BBQ 21.5
AJ's To Go 17.75
From January 31, the Manager's Office had 60 days to notify the applicants of the final decision. The
City sent approval and denial letters on March 13. Although the initial letter did not include an
explanation of the scoring tool or the reasons for denial, staff has subsequently provided that information
to Mr. Browne. Attached to this memo are email exchanges between staff from the City Manager's
Office and Mr. Browne and the March 13 denial letter Applicants have the right to appeal a decision of
the City Manager's Office to the City Council.
Cart (Grader 1)A
Previous Experience
Citations
Safety/Maintainance
Total
Aladdin
14
9
8
31
Marcos Grilled Cheese
20
10
10
40
Georges Best Gyro's
20
10
10
40
The CornRoc
12
8
9
29
Pops Italian Beef
15
10
10
35
Pedro's Taco
20
8
9
37
AYs to Go
0
10
5
15
Hillery's BBQ
0
10
10
20
Cart (Grader 2)J
Previous Experience
Citations
Safety/Maintainance
Total
Aladdin
12
9
7
28
Marcos Grilled Cheese
20
10
9
39
Georges Best Gyro's
20
10
9
39
The CornRoc
10
8
6
24
Pops Italian Beef
14
10
10
34
Pedro's Taco
18
8
8
34
AYs to Go
0
10
5
15
Hillery's BBQ
0
10
8
18
Cart (Grader 3)S
Previous Experience
Citations
Safety/Maintainance
Total
Aladdin
18
9
7
34
Marcos Grilled Cheese
20
10
10
40
Georges Best Gyro's
20
10
10
40
The CornRoc
12
8
8
28
Pops Italian Beef
20
10
8
38
Pedro's Taco
18
8
10
36
AYs to Go
0
10
3
13
Hillery's BBQ
0
10
10
20
Cart (Grader 4)ST
Previous Experience
Citations
Safety/Maintainance
Total
Aladdin
18
9
8
35
Marcos Grilled Cheese
20
10
10
40
Georges Best Gyro's
20
10
9
39
The ComRoc
13
8
8
29
Pops Italian Beef
20
10
10
40
Pedro's Taco
15
8
9
32
AYs to Go
10
10
8
28
Hillery's BBQ
10
10
8
28
AVERAGES
Avg. Final Score
Aladdin
32
Marcos Grilled Cheese
39.75
Georges Best Gyro's
39.5
The CornRoc
27.5
Pops Italian Beef
36.75
Pedro's Taco
34.75
AYs to Go
17.75
Hillery's BBQ
21.5
� ? 1
Mobile Vending Cart Application Scoring CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa 52240-1826
(319) 356 -5000
(319) 356 -5009 FAX
www.lcgov.org
Name of cart: Owner /Applicant:
Years of Experience:
Applicant has provided:
❑ Signed, completed application
❑ Signed indemnification agreement
❑ Photo /description of cart
❑ Reasonable storage option
Number of Citations:
Approval subject to applicant providing:
❑ Proof of insurance in the amount required
❑ Proof of County Dept. of Health permit
❑ Receipt of all applicable fees
Criterion
Description
Points
Previous Experience:
Greater than four years' satisfactory operation:
History of satisfactory cart operation
15 -20 points
by the owner /operator of this cart
One to four years satisfactory operation:
(20 point scale)
10 -14 points
Citations:
Zero citations: 10 points
Number of citations received by the
Each citation: deduct one point
cart scored on this application during
For more serious violations, two points may be
the previous year of operation
deducted
(10 point scale)
New carts receive the full ten points
Maintenance /Safety:
Review photos, descriptions,
Existing carts: maintained to initial
correspondence /citation history
standards
No maintenance /appearance issues: 8 -10 points
New carts: meeting all
expectations /requirements of the
Minor maintenance concerns: 5 -7 points
application
Major concerns: < 5 points
(10 point scale)
Proposed location:
Total points
Marian Karr
From:
Simon Andrew
Sent:
Tuesday, March 20, 2012 8:14 AM
To:
Adam Bentley
Cc:
Tom Markus; Marian Karr; Eleanor M. Dilkes; Geoff Fruin
Subject:
FW: mobile vending application process
Attachments:
mobile vending scoring tool.docx
From: Simon Andrew
Sent: Thursday, March 15, 2012 9:37 AM
To: 'anthony.browne @live.com'
Cc: Adam Bentley
Subject: mobile vending application process
Good morning Mr. Browne,
Thank you for your email. Adam is working outside of the office this morning and I didn't want to keep you waiting. In
response to your questions:
1. 1 apologize for not including this information in the letter that was sent out. As there are only 6 permits
available, the most important factor in the review process is prior satisfactory experience with the City of Iowa
City. The six permits that were approved are operated by vendors that were permitted on City Plaza last
vending season and are in good standing with the City.
2. The application scoring process includes representatives from the City Manager's Office, Housing and Inspection
Services, and the Parks & Recreation Department. A copy of the scoring guide is attached. I will email your
average score as soon as Adam returns to the office; I do not have a copy saved to my computer.
3. Again, I will email you this information as soon as I have access to it. This will be tomorrow at the absolute
latest.
Thank you for your time and your interest in City Plaza. As was previously noted, if any vendor is unable to operate
during this vending season, all applicants will be reviewed to find a replacement cart.
Regards,
Simon Andrew
Management Intern, City Manager's Office
City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
(319) 356 -5014
simon- andrew @iowa- city.or�
Dear Mr. Bentley,
to:
I received the denial of my application in the mail yesterday. I have three questions I'm hoping you can respond
1) The text you cited below states:
"The city manager or designee shall grant or deny the application for a mobile vendor
permit in writing ... and state the reasons therefore no later than sixty (60)..."
This clearly states that any grant or denial must contain the reasons therefore. The denial
letter sent to me yesterday was terse and only stated "your cart was not chosen." Can you
please forward to me the reasons my application for a permit was denied? Email of your
response will suffice, or an attached document.
2) Below, you mention a scoring process. This was the first time I had heard this. Can you tell
me what the scoring process is and what my overall score was? In addition, is this scoring
process published anywhere?
3) Can you tell me the names of all applicants, as well as the applications who were granted
permits? Also, can you provide me their scores related to the scoring process?
Thanks,
Anthony Browne
On behalf of Hillery's BBQ
From: Adam Bentley [mailto :Adam - Bentley @iowa- city.org]
Sent: Tuesday, March 13, 2012 2:54 PM
To: 'Anthony Browne'
Subject: RE: mobile food cart application
Hi Anthony:
Thank you for your email. The City expected to have a decision made within 30 days but that timeframe was not
achieved. We have, by ordinance, 60 days to respond to mobile vendor applicants (see below).
"The city manager or designee shall grant or deny the application for a mobile vendor permit in writing within a reasonable
time, which shall be mailed by ordinary mail or personally delivered to the applicant, and state the reasons therefor no
later than sixty (60) calendar days after the application being filed. The length of time which is reasonable shall be
determined by the type of use requested, the information supplied, the time the application is filed, and the extent of
advance preparation and planning demonstrated and reasonably required. The city manager or designee shall issue a
permit if the following conditions have been met"
However, we have finished our scoring process and letters were sent yesterday to the mailing address provided on the
application.
Thank you for your questions,
Adam
Adam Bentley I City Manager's Office I City of Iowa City
9319- 356 -5010 1 iW319- 356 -5009 1 Padam- bentiey @iowa- city.org
www.iCgov.org
From: Anthony Browne [mailto:anthony.browne @live.com]
Sent: Tuesday, March 13, 2012 2:46 PM
To: Adam Bentley
Subject: RE: mobile food cart application
Hello Mr. Bentley,
I was just wondering if there was a problem with my application for mobile food cart permit? I know that you
said it would take around 30 days for a response from you guys, but I was wondering if some problem occurred, such as I
didn't receive the notification even though it was successfully sent by your office. Do you know if this is the case, as I
haven't received a response yet? Also, how do intend to send me the response (US Mail, email, etc.) and what address
do you intend to use?
Thanks,
Anthony Browne
From: Adam Bentley [mailto :Adam - Bentley @iowa- city.org]
Sent: Thursday, January 19, 2012 8:05 AM
To: 'Anthony Browne'
Subject: RE: mobile food cart application
Mr. Browne:
I hope this email finds you well. I have conferred with staff and have the following answers to your two questions.
1) Any digital designs, plans, signage you can provide will be helpful during the evaluation process. So, yes —we
will accept those designs. You may either send them in via a hard copy or email them in to my email address.
2) 1 have provided a running three year list of who has been our downtown mobile vendors for CY09,10,11.
Let me know if there are any further questions I can answer for you.
Thank you -
Adam
From: Anthony Browne [mailto:anthony.browne @live.com]
Sent: Tuesday, January 17, 2012 7:43 AM
To: Adam Bentley
Subject: mobile food cart application
Dear Mr. Bentley,
I intend to file an application for a mobile food cart permit for Hillery's BBQ Iowa
City by January 31st, 2011. I have one question about the application form and one
question about the application process.
1) We do not have an existing food cart that meets the Iowa City
dimension requirements. Therefore, we are working with a cart manufacturer to
construct one. The application form at question #14 states we should attach a `...photo
of your cart as it appears today, or a color drawing of the proposed cart." We have
design documents (digital) that detail floor plans, etc. Are these sufficient for question
#14 and do they need to include signage or other elements? If so, how do we submit
these digital documents to the City Manager's Office?
3
2) Can you submit to me a list of the names of the mobile vending permit
holders for 2011, 2010, and 2009?
Thanks,
Anthony Browne
on behalf of Hillery's Iowa City
Marian Karr
From: Simon Andrew
Sent: Tuesday, March 20, 2012 8:14 AM
To: Adam Bentley
Cc: Tom Markus; Marian Karr; Eleanor M. Dilkes; Geoff Fruin
Subject: FW: mobile vending scores
Attachments: mobile vending scoring tool.docx
From: Simon Andrew
Sent: Friday, March 16, 2012 9:28 AM
To: anthony.browne @live.com
Cc: Adam Bentley
Subject: mobile vending scores
Good morning,
Sorry for the delay. Here are the cart applicants and their scores:
Hillery's BBQ —your cart had an average score of 21.5. Again, this was mostly based on previous experience with the
City of Iowa City vending on City Plaza.
AJ's To Go (Anthony and Jerry Sayabath): 17.75
Approved applications:
Marco's Grilled Cheese (J & P Ventures LC /Mark Paterno & Pete Johnson): 39.75
Georges' Best Gyros (J & P Ventures LC): 39.5
Pop's Italian Beef (Michael & Diane Dillon): 36.75
Aladdin Pitas (Mohamed Abbas & Jamal Younis): 32
Pedro's Taco (J & P Ventures LC): 34.75
The Cornroc (Mokotsi Rukundo): 27.5
The six approved carts have all been operating on City Plaza for at least the previous 3 years, thus their'previous
experience' scores were higher.
Thanks!
Simon Andrew
Management Intern, City of Iowa City
410 E. Washington St.
Iowa City, Iowa 52240
(319) 356 -5014
simon- andrew @iowa- city.org
Marian Karr
From: Simon Andrew
Sent: Tuesday, March 20, 2012 8:15 AM
To: Adam Bentley
Cc: Tom Markus; Marian Karr; Eleanor M. Dilkes; Geoff Fruin
Subject: FW: mobile vending application process
- - - -- Original Message---- -
From: Anthony Browne [ mailto:anthony.browne @live.com]
Sent: Monday, March 19, 2012 9:00 AM
To: Simon Andrew
Cc: Adam Bentley
Subject: Re: mobile vending application process
Dear Mr. Andrew, Thank you for your prompt response. I look forward to Mr. Bentley's response. Thanks, Anthony
Browne On behalf of Hillery's BBQ Sent from my Verizon Wireless 4G LTE DROID - - - -- Original message - - - -- From: Simon
Andrew To: anthony.browne @live.com Cc: Adam - Bentley @iowa- city.org Sent: Thu, Mar 15, 2012 09:37:17 CDT Subject:
mobile vending application process
Marian Karr
From:
Adam Bentley
Sent:
Tuesday, March 20, 2012 4:02 PM
To:
Marian Karr
Cc:
Simon Andrew; Eleanor M. Dilkes; Sue Dulek
Subject:
FW: Follow -up
Attachments:
MVSCO.pdf
This was sent to him today. Otherwise, looks good to me.
From: Adam Bentley
Sent: Tuesday, March 20, 2012 1:17 PM
To: 'Anthony Browne'
Subject: RE: Follow -up
Anthony:
The previous experience portion of the scoring system is weighted given the number of years the City has satisfactory
experience with the cart owner. This is still only one score. For those with four years or greater, we weigh their
experience differently than with those who have less than four years. When you were graded, you were graded based
on your (the presumed owner) experience with the City. In this case, three graders gave you a zero for experience with
the City and one gave you a ten. Those numbers tallied together gives you an average of 2.5.
The grades you received were 2.5 for previous experience, as I noted above. You were given 10/10 for citations
(meaning you had no citations with the City) and you were given 9 out of 10 for maintenance and safety of the cart
(meeting all expectations and requirements of the application).
If you have any additional questions, please don't hesitate to contact me.
Thank you,
Adam
From: Anthony Browne [mailto:anthony.browne @live.com]
Sent: Monday, March 19, 2012 10:10 AM
To: Adam Bentley
Subject: RE: Follow -up
Dear Mr. Bentley,
Thank you very much for your response. I think this contains the remaining data I was seeking. I do have one
final question about the data. The score tool provided to me Friday by Management Intern Simon Andrew gave the
following table for scoring:
Previous Experience:
History of satisfactory cart operation
by the owner /operator of this cart
(20 point scale)
Greater than four years' satisfactory operation:
15 -20 points
One to four years satisfactory operation:
10 -14 points
Citations:
Zero citations: 10 points
Number of citations received by the
Each citation: deduct one point
cart scored on this application during
For more serious violations, two points may be
the previous year of operation
deducted
(10 point scale)
New carts receive the full ten points
Maintenance /Safety:
Review photos, descriptions,
Existing carts: maintained to initial
correspondence /citation history
standards
No maintenance /appearance issues: 8 -10 points
New carts: meeting all
expectations /requirements of the
Minor maintenance concerns: 5 -7 points
application
Major concerns: < 5 points
(10 point scale)
Yet, in the spreadsheet you just provided me you have four data values for each category: Previous Experience (PE),
Citations (Cit), Maintenance /Safety (Maint). The table above describes one value for each. According to the table above,
for PE that one value is based on: "Greater than four years satisfactory operation: 15 -20 points" and "One to four years
satisfactory operation: 10 -14 points." What do the additional three values in the spreadsheet for this category (PE)
represent? In other words, I received a 10 and three 0's for an average of 2.5 for PE. Can you tell me what data the 10
and three zeros represent (column names)? The same goes for the other two categories (Cit) and (Main) [can you
provide me with column names for the four values].
Thanks,
Anthony Browne
On behalf of Hillery's BBQ
From: Adam Bentley [mailto :Adam - Bentley @iowa - city.org]
Sent: Monday, March 19, 2012 9:34 AM
To: Anthony Browne (anthony.browne @live.com)
Subject: Follow -up
Good Morning Anthony:
I apologize that I was unable to address your questions last week but I trust Simon was helpful. Attached are the scores
for the mobile vending applicants. If you would like the actual hard copies, we can supply those but we will have to
charge a 15 cent per page fee and a $5 per quarter hour fee (as with all public information requests). You can apply for
a public information request to attain those hard copies through the following link:
http://www.icgov.org/default/?id=1502 .
There are assigned locations for each cart which will remain the same for this vending season. Those sites are in front of
Cappana (Pedro Taco, CornRoc) near Martinis (Georges and Marcos), near Brothers (Pops), and near Graze (Aladdin).
The email address provided on AYs application is asavabath @hotmail.com
Thanks Anthony, let me know if I can assist further.
Adam
Adam Bentley City Manager's Office I City of Iowa City
2319- 356 -5010 1 2319-356-5009 1 Qadam- bentley@iowa- city.org
www.iggov.org
CITY COUNCIL FOR IOWA CITY
JOHNSON COUNTY
,
*�
STATE OF IOWA
l J
Anthony Browne,
r4
H
Applicant,
V.
City Manager Tom Markus, * APPEAL OF DENIAL OF APPLICATION FOR
Administrative Assistant Adam PERMIT TO OPERATE A MOBILE VENDING
Bentley, * UNIT ON CITY PLAZA OR IOWA AVENUE
Management Intern Simon Andrew,
*
Respondents.
II. FACTS
November 27`h, 2006, Iowa City Code Title 10 PUBLIC WAYS AND PROPERTY, Chapter 3
COMMERCIAL USE OF SIDEWALKS, Section 5 USE BY MOBILE VENDORS [hereinafter 10 -3 -5], Part A
Application For Permit: (2) - General Provisions: division (a) [hereinafter (A)(2)(a)] read:
"No more than 5 permits shall be issued each calendar year for the
City Plaza and no more than 2 permits shall be issued for each calendar year
for the 100 200 and 300 blocks of Iowa Avenue..."
This allowed 5 mobile vending permits for City Plaza, 2 for Iowa Ave, and 7 total permits.
On November 28`h, 2006,10-3-5 (A) (2) (a) was amended [ORDINANCE NO 06 4744] to read:
"No more than six 6 permits shall be issued each calendar year for
the City Plaza and no more than two 2 permits shall be issued each calendar
year for the 100 200 and 300 blocks of Iowa Avenue..."
This allowed 6 permits for City Plaza, 2 for Iowa Ave, and 8 total permits.
January 31, 2009, the annual application process for Iowa City mobile vending permits was held by the City
Manager and 8 permits were issued to:
1
�9�-,
1. Aladdin
2. George's Gyros
3. Marco's Grilled Cheese
4. Nacho Taco
5. LaVallees
6. Pop's Italian Beef
7. CorNroC
8. Sweet Uncle Pete's
It's unknown at this time how many total applicants applied and if any permits were denied. It's also unknown at this
time which locations these mobile units were operated at within 2009.
January 31, 2010, the annual application process for Iowa City mobile vending permits is held by the City
Manager and 8 permits were issued to:
It's unknown at this time how many total applicants applied and if any permits were denied. It's also unknown at this
time which locations these mobile units were operated at within 2010.
March 23rd, 2010,10-3-5 (A) (2) (a) was amended [ORDINANCE NO 10 4386] to read:
"No more than eight 8 permits shall be issued each calendar year.
All permits shall be issued for City Plaza except that up to two 2 permits may
be issued for the 100 200 and 300 blocks of Iowa Avenue."
This limits the total permits to 8, but the total was already 8. (emphasis added)
This was touted in the local press at the time as increase in mobile vendors in downtown Iowa City. "City
allows more food vendors on Ped Mall," http: / /www.dailyiowan.com/ 2010 /03 /10/Metro /16135.html (Daily Iowan
website, last visited March 19, 2012). The actual effect of this amendment is that it significantly changed the previous
2
r�,
1. Aladdin
2. George's Gyros
3. Marco's Grilled Cheese
4. Nacho Taco;,
t
i
5. LaVallees
e
—n
6. Pop's Italian Beef
—"
'
3
7. CorNroC
`
8. Hawk Dawgs ( formerly Sweet Uncle Pete's)
It's unknown at this time how many total applicants applied and if any permits were denied. It's also unknown at this
time which locations these mobile units were operated at within 2010.
March 23rd, 2010,10-3-5 (A) (2) (a) was amended [ORDINANCE NO 10 4386] to read:
"No more than eight 8 permits shall be issued each calendar year.
All permits shall be issued for City Plaza except that up to two 2 permits may
be issued for the 100 200 and 300 blocks of Iowa Avenue."
This limits the total permits to 8, but the total was already 8. (emphasis added)
This was touted in the local press at the time as increase in mobile vendors in downtown Iowa City. "City
allows more food vendors on Ped Mall," http: / /www.dailyiowan.com/ 2010 /03 /10/Metro /16135.html (Daily Iowan
website, last visited March 19, 2012). The actual effect of this amendment is that it significantly changed the previous
2
terminology from clearly stating "6 permits on City Plaza, 2 on Iowa Ave, 8 total" to phraseology that now described
this as: "8 total permits, all on City Plaza, but 2 may be issued on Iowa Avenue." (emphasis added)
On December 1, 2010, Assistant City Manager Dale Helling and Administrative Assistant Kathi Johnansen
submitted a letter (2010 -12 -02 Info Packet) to the City Council which stated, among other things:
In recent years it has become more difficult and time consuming for the Administrative Assistant to administer
the permitting process and monitor the vendors for compliance. Thus, there are several changes in the mobile vending program
that staff wishes to recommend:
1. A maximum number of vendors are issued permits. Originally, there were five and this was
increased to six. It was further increased to eight when the two Iowa Avenue
vendors were moved to City Plaza. Currently there are seven vending permits issued.
With the proliferation of sidewalk cafes on City Plaza, placement of mobile vendors has
become increasingly difficult primarily due to less space outside the fire lane for vending
carts to operate and objections from businesses with sidewalk cafes on City Plaza to
having vending carts operating in close proximity to their outdoor diners. Mobile vendors
were previously assigned two locations each from which they could operate. This has
been reduced to one space each due to a decline in the number of suitable locations
available.
Staff recommendation: No new applications accepted until the number of permitted vendors is reduced to five through attrition
"I
This letter was factually incorrect in two key places. First, paragraph 1 begins with: "... A maximum number of vendors are
issued permits. Originally, there were five and this was increased to six." As noted above, the total was 7; then in 2006 it was
increased to 8. The 2010 amendment only reaffirmed that the total was 8. Secondly, the letter states: "...Currently, there are seven
vending permits issued." As noted above, there were 8 permits issued in 2010.
January 31, 2011, the annual application process for Iowa City mobile vending permits was held by the City
Manager and 6 permits were issued to:
1. Aladdin
2. George's Gyros
3. Marco's Grilled Cheese
4. Nacho Taco
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5. Pop's Italian Beef
6. CorNroC`
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It's unknown at this time how many total applicants applied and if any permits were denied. It's also unknown at this
time which locations these mobile units were operated at within 2010. It is also unclear from the record, at this time,
whether LaVallees or Hawk Dawgs were denied permits, whether they applied at all, or whether they voluntarily
dissolved their operation.
May 3`d, 2011. 10 -3 -5 (A) (2) (a) was amended [ORDINANCE NO 11 4426] to read:
"No more than six 6 permits shall be issued each calendar year.
All permits shall be issued for City Plaza except that up to two 2 permits
may be issued for the 100 200 and 300 blocks of Iowa Avenue..."
This amendment, for the first time ever, lowered the total number of permits below 7 to 6. (emphasis added)
On October 24, 2011, Anthony Browne, the Applicant, contacted Adam Bentley by email inquiring about the
mobile vending application process. Mr. Bentley responded by email with a phone number and a request to call him.
When the Applicant called Mr. Bentley, he hastily told the Applicant that it was impossible to file an application, as the
City Manager's Office would not be holding an application process this year. After some inquiries were made by the
Applicant, he signaled to Mr. Bentley that he would enforce any legal options available to him up to, but not including,
petitioning the Johnson County District Court for a writ of mandamus: if the application process was not conducted for
2012. After some time, Mr. Bentley responded that he had conferred with the City Attorney and that his Office had
decided to conduct the application process after all. He informed the Applicant that he could submit an application and
forwarded a blank form to the Applicant.
January 31, 2012, the annual application process for Iowa City mobile vending permits was held by the City
Manager and 6 permits were issued to:
n_,
4
Two were denied from:
1. Aladdin
2. George's Gyros
3. Marco's Grilled Cheese
4. Pedro's Taco (formerly Nacho Taco, acquired by George's Gyros/Marco's
Grilled Cheese)
5. Pop's Italian Beef
6. CorNroC
1. Hillery's BBQ
2. AJ's to Go
Anthony Browne, the Applicant, timely submitted the application for permit on behalf of Hillery's BBQ.
He received a denial letter March 13, 2012 written by Assistant Adam Bentley from the City Manager's Office which
read:
"This note is to inform you that based on our evaluation; your cart was not chosen. We will hold
your application and evaluate it further in the event one of the approved vendors is unable to operate for any reason..."
The letter did not contain the reasons for the denial.
After a series of emails between the Applicant and the City Manager's Office, Management Intern Simon
Andrew emailed the Applicant and stated the reasons for denial were:
"... As there are only 6 permits available, the most important factor in the review process is prior
satisfactory experience with the City of Iowa City. The six permits that were approved are operated by vendors that
were permitted on City Plaza last vending season and are in good standing with the City."
In response to further inquiries by the Applicant into the scoring method used, for the first time, Mr. Andrew
submitted:
"The application scoring process includes representatives from the City Manager's Office, Housing and
Inspection Services, and the Parks & Recreation Department. A copy of the scoring guide is attached."
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The score guide was simple and used this formula to determine applications:
^'
1) History of satisfactory cart operation by the owner /operator of this cart (20 point scale)
a. Greater than four years' satisfactory operation: 15 -20 points
b. One to four years satisfactory operation: 10 -14 points
2) Citations:`o.�
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0
a. Number of citations received by the cart scored on this application during the previous year of
operation
b. (10 point scale) Zero citations: 10 points
c. Each citation: deduct one point. For more serious violations, two points may be deducted
d. New carts receive the full ten points
3) Maintenance /Safety:
a. Existing carts: maintained to initial standards
b. New carts: meeting all expectations /requirements of the application
c. (10 point scale) Review photos, descriptions, correspondence /citation history
d. No maintenance /appearance issues: 8 -10 points
e. Minor maintenance concerns: 5 -7 points
f. Major concerns: < 5 points
Mr. Simon also provided these score results from the 2012 application process:
At the time of this appeal, the City Manager's Office has not provided the scores per category to the Applicant.
Finally, the Iowa Avenue locations for mobile vendors have never been congested. They remain the worst areas
for mobile vending due their lack of traffic, in comparison to City Plaza. Most mobile vendors prefer to operate in City
Plaza.
II. GROUNDS FOR APPEAL
A. 2012 APPLICATION PROCESS LACKED DUE PROCESS UNDER BOTH THE IOWA AND
UNITED STATES CONSITUTIONS
a. Process was not adequate to protect Applicants substantial rights to operate a mobile
vending unit with estimated annual net profits of $300,000 in City Plaza or on Iowa Ave
b. Without justification, it unlawfully favored sidewalk cafes
C. Score process was illegal
i. Placed too much emphasis on seniority
ii. Didn't adequately reflect credit for operation in other jurisdictions
iii. Gave current permit holders unfair advantage
iv. Made it impossible for new vendors to compete with existing vendors
v. Created monopoly for existing vendors
9
c. 3
1) Marco's Grilled Cheese:
39.75pry
2) Georges' Best Gyros:
39.5
3) Pop's Italian Beef:
36.75
4) Pedro's Taco:
34.75
C—:
5) Aladdin Pitas:
32
i
a
6) The CorNroC:
27.5
3
7) Hillery's BBQ:
21.5
8) AJ's To Go:
17.75
At the time of this appeal, the City Manager's Office has not provided the scores per category to the Applicant.
Finally, the Iowa Avenue locations for mobile vendors have never been congested. They remain the worst areas
for mobile vending due their lack of traffic, in comparison to City Plaza. Most mobile vendors prefer to operate in City
Plaza.
II. GROUNDS FOR APPEAL
A. 2012 APPLICATION PROCESS LACKED DUE PROCESS UNDER BOTH THE IOWA AND
UNITED STATES CONSITUTIONS
a. Process was not adequate to protect Applicants substantial rights to operate a mobile
vending unit with estimated annual net profits of $300,000 in City Plaza or on Iowa Ave
b. Without justification, it unlawfully favored sidewalk cafes
C. Score process was illegal
i. Placed too much emphasis on seniority
ii. Didn't adequately reflect credit for operation in other jurisdictions
iii. Gave current permit holders unfair advantage
iv. Made it impossible for new vendors to compete with existing vendors
v. Created monopoly for existing vendors
9
vi. Score Guide, score results, and historical data not published
B. ORDINANCE NO 10 4386 and ORDINANCE NO 114426 ELIMINATED THE IOWA AVENUE
PERMITS WITHOUT DUE PROCESS UNDER BOTH THE IOWA AND UNITED STATES
CONSITUTIONS
a. Ordinances were passed based on false evidence
b. Created monopoly for existing vendors
C. INTERESTS OF JUSTICE AND ELIMIATATION OF POSSIBLE PROTRACTED LITIGATION
(COMPROMISE)
a. Iowa Avenue permit
i. Iowa Ave. is not congested
ii. Permit would be justified compromise
iii. Would prevent potential litigation
III. RELIEF REQUESTED
The Applicant respectfully requests the City Council to grant Hillery's BBQ a permit to operate a mobile
vending unit in City Plaza or on Iowa Ave, with a preference for City Plaza.
Dated: UQ'I
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