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HomeMy WebLinkAbout2013-07-23 Correspondence2f(1 PROTEST OF REZONING TO: HONORABLE MAYOR AND CITY COUNCIL IOWA CITY, IOWA C CITYO TYOFIOWA CITY We, the undersigned, being the owners of property included in the proposed zoning change, or the owners of property which is located within two hundred feet of the exterior boundaries of the property for which the zoning change is proposed, do hereby protest the rezoning of the following property: kE Z i3-0600y This protest is signed and acknowledged with the intention that such rezoning shall not become effective except by the favorable vote of at least three - fourths of all the members of the council, all in accordance with Section 414.5 of the Code of Iowa. Property Address: Property Owner(s): r By: By: INDIVIDUAL PROPERTY OWNER(S): : STATE OF IOWA ) JOHNSON COUNTY) ss: This instrument was acknowledged before me on J'w y ' J-0,13 (Date) by 1, • ,, I /I' and (name(s) of individual property owner (s)). o'�� SONDRAE FORT _ Commission Number 159791„ ow My commission Expires Notary Public in and for the State of Iowa AUTHORIZED REPRESENTATIVE SIGNING FOR PROPERTY OWNER(S): STATE OF IOWA ) JOHNSON COUNTY) ss: This instrument was acknowledged before me on (name(s) of person(s)) as (Date) by (type of authority, such as officer, trustee) of (name of property owner) . Notary Public in and for the State of Iowa Orig: Subd Folder ✓ 02/2013 Cc: CA — PCD - Council - Media File Marian Karr From: mjhill30 <mjhi1130 @southslope.net> Sent: Thursday, June 20, 2013 5:21 PM To: Council Subject: Landfill compost use Went to the landfill for compost about the first of June. As I waited approximately 10 minutes to get in 2 full size dump trucks, fully loaded, pulled out with a load of compost. I asked at the desk if there were restrictions on commercial use and was told there were. Certainly didn't look like it. Compost became available on the 1" of the month and by the 6th of the month the compost was gone. Seems wrong that the average person has to be in a race with commercial users to purchase compost that was produced with taxpayer funded equipment. Besides the 2 large dump trucks I saw several smaller 5 to 10 ton trucks while I was there which could not have been more than 30 minutes. If there is a restriction against commercial use, and I feel there should be, could some effort be made to enforce it? Pretty obvious when somebody pulls up with a multi ton truck that this isn't for their personal use. This is someone profiting from a product that should be available for general public use. Mike Hill 2170 2500h St. NW Oxford, Iowa 52322 Marian Karr From: Dave Elias Sent: Thursday, July 18, 2013 11:28 AM To: 'mjhi1130 @southslope.net' Cc: Ron Knoche; Jon Thomas; Jennifer Jordan; Marian Karr Subject: FW: Landfill compost use Dear Mr. Hill, The Landfill produces about 2,000 tons of finished compost per year from about 4,000 tons of raw material. (There is also another 3,000 tons of raw wood that we make into woodchip mulch.) This is really a pretty small amount compared to the 100,000 tons of garbage landfilled per year. The raw material for the compost comes from curbside yard waste collection, residents dropping off directly at the Landfill, and from commercial landscapers. Our policy is that residential yard waste is accepted at no charge while commercial landscapers are charged $24 /ton to dispose of the material. As you have hopefully recognized, our finished compost is a high quality product for which there is now a high demand. Other communities have compost programs as well. The Iowa DNR has found that in other places the product is not as popular as in the Iowa City area. So DNR has actively promoted and marketed compost to be included in Iowa DOT specs for road project topsoil. DNR has also promoted a requirement that new subdivision developers prove they have restored 5" of topsoil, which they can supplement by adding compost to poor soil. This has now created a huge demand for compost all around Iowa. At the Iowa City Landfill, we also have felt that we need to fairly distribute our product to all who have "contributed" to it. We have done this in two ways: First, we have set the policy that 50% of all we produce will be reserved for residential sales and 50% will be made available to commercial users. Secondly, we have increased the price as of July 1, from $10 /ton to $20 to encourage more thoughtful use of the product, as well as to reduce the landfill operating subsidy toward compost. We know that this price is still not equal to the retail price at stores in town, and we will continue to work the price up to market level but not all at once. When customers show up, we do not discriminate one from the other, except for commercial versus residential. If a contractor shows up with a semi, we sell to him until the commercial supply is gone. Some residents will rent a small dump truck for their own use, and we feel we have to accommodate them as well. Spring and Fall are the times when compost usage is highest, so the supply moves quickly. Right now, we do have a large stockpile on hand and sales are a little slower. Unfortunately there was a great pent up demand for the compost this spring. We hope that you will be able to get the volume you personally need in the future. 1" .AA, Superintendent Wastewater /Landfill Division City of Iowa City 4366 Napoleon St. SE Iowa City, IA 52240 -1826 desk: 319- 887 -6106 fax: 319- 356 -5172 LU-1-2 - 2f(3) 143 Ravencrest Dr. Iowa City, IA 52245 June 19, 2013 Dear Mr. Mayor, The photo in the paper today shows the new Moen building going up on the Ped Mall. It's a great example of what's wrong with the approval of the "Chauncy". Too tall, sticks out too far and even blocks sight of the ugly Vetro. The Moes buildings just do NOT go with down town architecture. Not fair to call the apartment buildings for UI students along Burlington "architecture." The remind me of Simon and Garfunkel's old tune about little boxes of ticky -tack. Yet, you and the City Council despite public opposition decided to approve it, anyway. It seems odd to think that downtown Iowa City has need for more luxury condos and take over of green space when too much is already gone. No space for New Pi,either, for those who are still living downtown. Seems another poke in the eye for those trying to avoid using cars, and who need a place to shop for groceries that they would be carrying home. I've heard it said that the folks who are interested in these new condos are deep - pockets UI Hawk Eye football fans, who come to IC for games and "need" their own luxury space. Hope that isn't true. Yesterday, A. Mori Constantino of IC had a very good letter to the editor about this published in the paper. I have no idea who this person is, but I agree completely with what he /she wrote. This administration seems to have ignored a lot of what the people really do need in our downtown and another Moen tower isn't it. Sincerely, Bobbie Paxton 2f(4) City of Iowa City and ICCSD June 24 2013 F/LED The BLDD team and the superintendent seem to be bent on changing the face of Iowa City, of in a way that is consistent with the avowed priorities of the Iowa City. One of these priorities isly'JUN AW preservation of neighborhoods, in order to encourage citizen involvement. If in fact children ar 8t 32 all over town- at great expense- the community spirit is broken. When will the City and the Inr LR together? UQ An example in point is Lincoln school. Where would the local children, who now walk to school be bussed? — Shimek is near capacity, Mann needs renovation and Coralville Central is full. I might note that there are 6 young children is just my one block. How does a "Fun night " work when children attend schools that out of their area.- there is less participation on the part of the parents- or there is more difficulty in attending — and also for attending conferences. This is particularly relevant for the Lincoln children attending South East JrH1- there are 11 traffic lights to be negotiated to get there- and children of that age do not drive. Those that have limited use of cars have problems. It is patently clear that the new diversity policy has a large part in the "economic balancing" of the schools. Is there any definitive evidence that this has educational advantages for the children? If there is such evidence then surely a more lasting solution would be to address the employment difficulties of the parents- rather than stirring up groups from here and there. The City is responsible for public transport- which in fact can also benefit school children who wish to participate in afterschool activities instead of rushing to catch a designated school bus. If parents do not have adequate transport that allows accessibility to jobs then the economic disparities will persist. I note that Coralville already has evening bus service — if Iowa City wants to keep its population and thereby business, then it must serve the needs of the people who need to work shifts. In fact Iowa City and Coralville need to make it possible to use one bus ticket to transfer across areas. Services in the "corridor" areas must be matched by City services. There is no point in having a push to beautify DownTown if the people cannot access the services they need to remain in Iowa City. A cursory look at'craigslist.org' shows that there is a need for affordable 3 BR apartments — not just the 2BR which have become the fad of the moment. Affordable housing and schools need to be in close proximity and Iowa City will lose population if it does not serve these needs. Giving building permits for the swinging singles to live downtown for a while will not bring lasting business to the City in the same way that families settling into school districts will. Population has already moved into North Liberty which is why we need a 3rd high school to relieve West high school overcrowding. This has already been voted on. But the ICCSD and the City need to coordinate activities if all the efforts at bringing arts back to the City are to be worthwhile. Building towers is outdated — Chicago is just pulling towers down. Energy costs are very much a factor to be considered and bussing children all over town increases costs. Air conditioning is also expensive but there are various adjustments that could be considered. For one thing schools could easily continue later into June when temperatures are not so high. Starting in August is bound to be hot. Ceiling fans are less expensive to install than air conditioning. Summer hours could be adjusted. Solar panels can be installed, as can window shades on the outside of glass. Screen cloth can be used in the playgrounds to provide shade. Costs are a real concern but let us spend money on teachers and supplies —and technology - rather than more administrators and more school busses. The community needs to trust that the City and the District are coordinated and that there is some stability and some logic in their decisions. This includes building affordable 2 -3 story tornado safe apartment buildings with public transport options so that isolatedmobile home parks are fazed out. Sonia Ettinger Iowa City Past parent and grandparent and 40 year resident. Mrs. Sonia Ettinger 230 Mago*= Ave. IowaCity,'U 52246 0 CD �n O r- CD;V CO 3� w Mrs. Sonia Ettinger 230 Mago*= Ave. IowaCity,'U 52246 Marian Karr From: Matthew J. Hayek <mhayek @hhbmlaw.com> Sent: Thursday, June 27, 2013 2:24 PM To: Marian Karr Subject: FW: did you hear about this SCOTUS land -use decision From: Larry Baker [mailto:flamingo @avalon.net] Sent: Thursday, June 27, 2013 2:19 PM To: Richard Dobyns; michelle -payne @iowa - city.org; Matthew J. Hayek; James Throgmorton; Sarah Walz; Julie Tallman Subject: did you hear about this SCOTUS land -use decision Op -Ed Contributor A Legal Blow to Sustainable Development By JOHN D. ECHEVERRIA STRAFFORD, Vt. — LOST amid the Supreme Court's high - profile decisions on affirmative action, voting rights and same -sex marriage was another ruling that may turn out to have a profound impact on American society. The court handed down a decision on Tuesday that, in the words of Justice Elena Kagan, will "work a revolution in land -use law." While that may sound obscure, the decision in Koontz v. St. Johns River Water Management District will result in long - lasting harm to America's communities. That's because the ruling creates a perverse incentive for municipal governments to reject applications from developers rather than attempt to negotiate project designs that might advance both public and private goals — and it makes it hard for communities to get property owners to pay to mitigate any environmental damage they may cause. The court's 5 -to -4 decision, with Justice Samuel A. Alito Jr. writing for the majority, arose from an order issued by a Florida water management district denying an application by Coy A. Koontz Sr. to fill more than three acres of wetlands in order to build a small shopping center. The district made clear that it was willing to grant the permit if Mr. Koontz agreed to reduce the size of the development or spend money on any of a variety of wetlands- restoration projects designed to offset the project's environmental effects. Because Mr. Koontz declined to pursue any of these options, the district denied the permit. Mr. Koontz, who is now deceased, went to court and claimed that the permit denial constituted a "taking" under two Supreme Court precedents, Nollan v. California Coastal Commission and Dolan v. City of Tigard. These cases established that when the government approved a development subject to certain conditions, like a requirement that a developer dedicate an easement to the public, the conditions would be deemed an appropriation of private property unless the government could show a logical relationship and a "rough proportionality" between the conditions imposed and the projected effects of the development. The Florida Supreme Court rejected Mr. Koontz's takings argument on two grounds. First, it interpreted Nollan and Dolan as being limited to cases in which the government has issued a permit subject to a condition — not in those in which a permit has been denied. Second, it ruled that Nollan and Dolan applied only when the government's condition took an interest in some tangible property (like demanding an easement, for example), not when a government imposed a generalized requirement on someone to spend money. In what can fairly be described as a blockbuster decision, the Supreme Court has reversed the Florida court on both points. Leaving the majority's legal reasoning aside, the Supreme Court's ruling is likely to do some serious real -world damage. As Justice Kagan correctly explains in her dissent, the decision will very likely encourage local government officials to avoid any discussion with developers related to permit conditions that, in the end, might have let both sides find common ground on building projects that are good for the community and environmentally sound. Rather than risk a lawsuit through an attempt at compromise, many municipalities will simply reject development applications outright — or, worse, accept development plans they shouldn't. "Nothing in the Takings Clause requires that folly," Justice Kagan said. But arguably it does now. As for the second part of the majority's ruling, that Nollan and Dolan apply to permit conditions requiring the general expenditure of money, that will also have unfortunate consequences. Cities and towns across America routinely attach fees and other payment obligations to permits, for example, to support wetlands mitigation banks, to finance roads, to pay for new schools or to build affordable housing. While, to be sure, such mandates must be reasonable under the Constitution, the revolutionary and destructive step taken by the court in Koontz is to cast the burden on the government to justify the mandates according to the heightened Nollan-Dolan standard. This is contrary to the traditional court approach of according deference to elected officials and technical experts on issues of regulatory policy. Moreover, this heightened standard will result in a huge number of costly legal challenges to local regulations. Consider the challenges of waste disposal. Many communities impose development- impact fees on developers if a proposed project would require expanding waste - disposal sites or building new ones. Before Koontz, a developer could raise a constitutional challenge if the charges were unreasonable, but judges typically deferred to local governments in such cases. After Koontz, developers have a potent new legal tool to challenge such charges because now the legal burden of demonstrating their validity is on the communities themselves. In the wake of this under- the -radar ruling, the cost of protecting a community from a harmful building project now lies not with the developer but with the local residents and taxpayers. It's hard to fathom that the framers of the Constitution would call this either fairness or justice. 2f(6) Matthew J. H ek Matthew J. Hayek Sent: Wednesday, July 03, 2013 221 PM To.- HarryO30&olrcom Sheet: FW. SEATS Contract Attachments. Iowa City comfort letter for contract 9 2512.pdf Harry, I received your July 1 ernall. What you write concerning the City of Iowa City and SEATS is neither accurate nor fair and I feel compelled to respond. Since last Fall the city has indicated publicly and on repeated occasions that cuts were likely as a result of a 67% drop In county funding. Numerous reports --all available to the public —were provided by staff to mil over the course of many months as the titles and county talked. The reports detailed various approaches the city night take: funding Increases, service cuts, etc. There have been ample opportunities for public input throughout this time. We received countless emaiis, letters, phone calls and other communication from concerned citizens as well as direct communication during community comment time at council meetings. In addition, there have been no fewer than two formal pubic Input opportunities at city council meetings (June 4 and .tune 18) when SEATS was on the agenda. There were two staff presentations at work sessions (for which public notice was posted) on February 5 and May 14. Copies of the staff presentations and other relevant materials were placed on the city website. The city participated In the county board of supervisors meeting on February 27, the open meeting between local governments at Coralvllle City Hall on March 27, and the community forum In Coralville on April 15. The public had access to all these events. In August there will be yet another public input opportunity when the council takes up staff recommendations to avoid or lessen cuts to Sunday service and /or half fares. While you appear to be demanding "public hearings," our standard, procedure on all issues Is to invite public Input at council meetings. A public hearing is a legal term that applies by statute to certain actions such as zoning decisions. Our obiigatlon on an Issue like SEATS, and what we spectrally said we would do, Is to provide, opportunities for public input so that the city can know the sentiments of the community before the council makes a decision. You seem particularly apical of Iowa City on the SEATS issue despite our proposal to Increase funding almost 15% and take on other responsibliltles such as vehicle maintenance. Have you also been to CorawlNe, which on June 2S voted to drop Sunday service and has never offered a half fare? 1 am informed that not one person attended that meeting to object. Have you been to the county supervisors, who are critical of Iowa City but who offer neither Sunday service nor a half fare to their rurs1 residents? Are you aware that It was the county, Ina letter dated September 25, 2012 (see attached), that first suggested Iowa City look at Sunday service and half fares for possible savings? Harry, if you want to criticize Iowa City for considering cuts to services, do so on the merits. Do so because you believe Sunday service and haff fares cannot be considered without an Intolerable Impact to the community. But please do not suggest that the City of Iowa City is anything less than "up front " The City of Iowa City Is as transparent a local government as you wilt find in the state. Matt Hayek Matthew J. Hayek Hayek, Brown, Moreland & Smith, I.L.P. 120 East WVash ton Street, Iowa City, Iowa 52240 -3924 319.337.9606 ttlephone 319.338.7376 fscsknile kp�1... 1- TINIMMWITTMM a eA,�i� i,l "etlb�: m4 . "61tl Matthew). Hayek Hayek, Brown, Moreland & Smith, L.L.P. 120 East Washington Street, Iowa City, Iowa 52240 -3924 319.337.9W telephone 310.339.7376 fwsimlle Email: Website: wwwI99mdaiccorn From: UaMQ30 tail l [makoa1#Cgl Slant: Monday, 01, 2013 12:54 PM To: Matt Hayek C.o: Door Mayer Hayek: What happened to the public hearings before the lows City Council that you W us your to have betore the eftinebon of Sunday Pars-Transit Service and Seats hail- fares. Apparently, the public's co nosme that you told us at two public gatherings are not the same as yours and the Iowa City Council. We are disappointed that you have not bow up-front with us. Front: G@af Fruln@hrwvs- Gity.s CC �,y a�.c4m. WELSHBOB eol.com, tbra$e co k&nson.i%.us. uL`= Scent: 7/1/013 t0:41 :23 A.M. Central Daylight Time Svbj: RE: SEATS Contract Mr. Olmstead: Thank you for your email regarding the status of the SEATS contract with Johnson County. Below is a brief synopsis of the actions to date, as well as the pending discussions related to our pars- transit service. On June 0 the City Council passed x resolution (13 -1%) authorizing the Mayor to execute a fevayear service agreement with Johnson County for continued para- transit service. The agreement contained provisions that will eliminate Sunday service and half priced fines effective September 30, 2013. The resolution also directed staff to explore alternatives to the elimination of Sunday service and half priced fares prior to the elimit ation of such services on September ;30, 2013. Subsequently on June I e the City Council repealed that resolution and passed another resolution (13 -208) that modified some of the non- service, related tanguage of the dement. The service asps of the June l e resolution and agreement were unchanged and thus Sunday Service and half priced fates arse still scheduled to be eliminated on September 30" of this year. The City Council's direction to stafito explore aka natives to the elimination of Sunday service and half priced fares prior to the elimination of such services on September 30, 2013 remains in place. At this time, City staff is exploring alternatives as directed by the City Council. These alternatives will be brought before Council at future work session. No date has been set but we anticipate 69 such discussion will either be August 6'" or 20. The City Council work sessions are open to the public and take place at 5:00 p.m. These meetings are not formal public hearings. However, interested persons can listen to the work session discussions and may speak during the Public Comment portion of the regular City Council meeting tMt will follow the work session at 7:00 p.m. Should the City Council wish; to pursue any of'the alternatives provided by staff at their world session, City staff would prepare the appropriate action item for a future regular Council Meeting. Mthis occurs, public input is generally accepted prior to the City Council voting on the matter. If the City Council chooses not to pursue any of the alternatives provided by staff, then the Sunday Service and half priced flues will be eliminated without any further action effective September 30, 2013. i hope this clarifies the status of the pare transit agreement with Jenson County. If you wish to review the meeting video front the two June Council meetings you can visit bWWWww,cft)sbWWHxomIY Meeting minutes and transcripts can be located found Awww.iowa- a+ }g Q Agl x�tartid=7995&dbid -0. If you have any difficulties accessing this information the staff in the City Clerk's Office or City Manager's Office would be happy to assist. Thank you again for your email, Sincerely, W11O -_ Y_ , Assistant to the City Manager ;City of Iowa City, Iowa P: 319.356.5013 VIDUIP . From: Seat: Saturday, June 29, 2413 6;55 AM To: Council Cc: dve M q.coEn; ; WELSHBQB {n NI.com; ' atroderasuLgM Subjeet: SEATS Contract This correspondence will become a public record. It is my understanding that the tentative agreoment between tows City and Johnson County for SEATS service was set as a tentative contract so that you may conduct public hearings before the tentative contract ends in Somber. Is this correct? When do you estimate that these hearings on halffares and Sunday service will be announced? Harry0hi*ead 1951 Hannah Jo Ct. Iowa City, IA 52240 319- 338 -2931 SON COUNTY O'Brian i 414 EM Watoa Strad 3Mft ` Chy, 1A 52240 -1 SEATS Department TowBraft-Diredw 2,% 2012 Johnson County SEATS is pr*W of die PU&4ransk service we have presided to 1wwa City over the years. Our dedowd suffhu been able to wide a k*W wyke. Our cf3 7 u* per hour is well above the nadcoal avrersp of tip per hour. Johason cam► SEATS TS hard to Provide exeelleht customer MV104 resulting in very positive Public regions. Siwe die last comtct was napdated the number of tripe for Iowa CiAyhas %d 73,348 in FY06 to 95,116 in FY12 - s 29.33% c reuse. Yetkhnm Cody has ,shy inam"ed 10 m City **ak*A=awft by 174E over those five years. In &e last two yeas aloe the nub of Iowa Clay P**4r= t imps has increased by ow 17%, and dw numbers confimse to grog at as alarming rate. SEATS provided 16,893 trips in dw two midis of FY13, v h is 1,481 more trip: 11m we provided for Icawa City a yaw ago. Because of this growth and the five year coubvA Johruon County sum 16" Chy emu# over P61,000 in FY12. The amber; Indicate evert higw subsidy over ids aw find year. no Johnson Coin Beard of Supervisors has informed the that as a result ofrsowt uogotiae ogs witk lbws City k is duo all" ;or+ertsmeuts are to pair to aataal oost of" samloe. Due to rift "l, mil and other Cqft^ the coat to pz+ovide Tow►a City Pastt4r&N* service for FY14 would be 31,5 17,421.43. Below an3 some hot= V* Would 1OWer this total SMOVat • The average fare collected in FY12 was 63 canu per trip_ The An t fi)iutb ft Arts (ADA) says bat for Para turns t trip a tunit can charge twice dw fixed route rate. brat ► lost over $120,000 In hires in FY12 by not merging twice the fixed route moo, • Sunday service is above and beyond ADA and oW lows City 568,000 to provide in FY12. Thecae are options, such as p wnium bras, tW could help to offleet diis • Iowa City coin undertake an eduostional program about how to use the fixed rye service- Grant Amding a dsts for a Mobility Adaneg+ar who does travO tamln& or you could simply have a video of each route on your webpage. This would allow someone to take a virtual trip before achWlyhaving to ride. With bus cameras already fik&g each row dice would be Fair: ly sim y to put on a webpW • ADA only requires service to chose who live widdu % oft mile of fined route. I SON COUNTY SEATS Department TOM Brae - DhIsetor Johnson COWY was to OMW Wo d va w%ffi Iowa City mVrdwg SEATS UM400L I wouM be glad V avw ' bars with you and to afte s soy quesdons or cow:. Plaw feel fi+oe to contort me at (319) 33 "12$ mtt. #L Te M BMW Direotor Johanson County SEATS Coed Tom Marcus Johnson Coe Board oi&"Vbm hbuft testyStATS s 010 Mdrew Ave. • 10" tom, to s" • are 01 128 •'rOZ O M From: Carol deProsse <lonetreefox @mac.com> Sent: Tuesday, July 09, 2013 8:36 PM To: Jann Ream Cc: Tom Markus; Council Subject: Re: 523 Church Street Jann, Thank you very much for the respectful and detailed account of the City's effort to deal with the property at 523 Church Street, I truly appreciate it. Carol On Jul 9, 2013, at 8:40 AM, Jann Ream <Jann- Ream @iowa- citv.ore> wrote: > Carol - Attached is the staff response to your comments and inquiry concerning 523 Church Street and the City's enforcement actions. If you have any questions, I would be happy to discuss them with you. I can be reached at 319 -356- 5120. > Jann Ream > Code Enforcement Assistant > City of Iowa City > - - - -- Original Message---- - > From: Marian Karr > Sent: Tuesday, July 09, 2013 8:26 AM > To: Jann Ream > Subject: FW: 523 Church Street > - - - -- Original Message---- - > From: Carol deProsse [mailto:lonetreefox @mac.com] > Sent: Monday, July 01, 2013 11:07 AM > To: Council; Tom Markus > Subject: 523 Church Street > Dear City, > I am writing to ask all of you to please drive by 523 Church Street and see the yard that the City plans on destroying much of on July 19 because it does not conform to City Code. Instead of taking this drastic action I would like the Council /City Manager to put this upheaval on hold until such time as the City Council /Manager can review the ordinance that governs the way properties can be planted. This yard will seem to many to be overgrown, but there is nothing but beauty if one chooses to look at it in that light. It requires no chemical treatments, gas for mowing, etc.; it is good for the environment, good for bees, good for butterflies, and good for soothing the soul. These types of private plantings are being encouraged across the country in what we like to think of ourselves as, "progressive" communities. They held to reduce ground water pollution, reduce carbon dioxide levels, increases biodiversity and help to retain soil moisture. > I don't know how old the law may be governing this type of situation, but it would not surprise me to find that it dates from before the time when communities began to realize how important it is to pay attention to the value of biodiversity and how individual property owners can aid in this effort. As we all know by now, the loss of our pollinators is a major concern to the agriculture industry and as well all also know by now, the continual application of pesticides on private property, which runs off into the storm sewers and into the river, is dreadfully harmful to aquatic life. > We are at a time when increasingly the research is proving how harmful it is to the health of people to be inhaling, ingesting and in the presence of so many chemical compounds. I hope you will see the link between the value of properties such as those at 523 Church Street in the mitigation of these harms to humanity, animals, plants, waterways, etc. and ask that the planned action to destroy much of 523 Church Street is what some of us might call a sin against life. > Thank you for your attention to my comments. I await a response. > Carol deProsse > 1401 Burry Drive > Iowa City, IA 52246 -4513 > 319.337.0694 > <523churchmemo7.8.13.pdf> Marian Karr From: Jann Ream Sent: Tuesday, July 09, 2013 8:52 AM To: 'Andrew Hosmanek'; Terry Robinson; Council; mhayek @hhbmlaw.com Cc: opinion @press - citizen.com Subject: RE: Front Yard Gardens /523 Church Street Attachments: 523churchmemo7.8.13.pdf Andrew — Attached is a staff response that was prepared for another citizen concerning this issue and City Council. Please read and if you have any further questions, please feel free to contact me directly at 319 - 356 -5120. The point I would like to stress is that we not requiring Mr. Volm to remove anything from his private property. We are only requiring the removal of his plantings from City right of way. Jann Ream Code Enforcement Assistant City of Iowa City From: Andrew Hosmanek [mailto:ajh @hawkeyelaw.com] Sent: Monday, July 08, 2013 5:16 PM To: Jann Ream; Terry Robinson; Council; mhayek @hhbmlaw.com Cc: opinion @press - citizen.com Subject: Front Yard Gardens /523 Church Street Dear Mayor Hayek, Members of the Council, and City Officials: I am writing on my own behalf, in support of the freedom to have front yard gardens generally, and specifically, in support of Dr. Tim Volm of 523 Church Street. Dr. Volm is a good friend, and I have assisted him in negotiating with the City in the past on his novel front yard plantings. I am dismayed to hear that the City has threatened to rip out his carefully planted trees, flowers, and shrubs on July 9. I believe it unnecessarily invasive for government to dictate what kind of vegetative matter citizens may grow on their own property. I also believe opponents' safety /sightline arguments are pretextual. No hazard has been proven, only alleged. Dr. Volm's plantings have benefits far above grass, in that they limit erosion, provide food and homes for wild birds, and beautify the neighborhood. Also, they require far less water than a lawn, and do not require the use of fossil fuels to mow. Similar plantings elsewhere in Iowa City incorporate edible fruits and vegetables that feed families and provide an opportunity for children to learn gardening skills (e.g. the Children's Discovery Garden on the grounds of the Robert A. Lee Community Recreation Center). Iowa City has always been one of the most progressive cities in the USA in terms of environmental friendliness and individual freedoms. We should choose to be a leader in front yard gardening, rather than succumbing to paranoia. West Des Moines considered a ban on front yard gardens, and ultimately rejected it as a matter of individual rights. We should do the same, and go one step further by encouraging citizens to make good use of their front yards beyond the ubiquitous lawns of grass. Sincerely, Andrew J. Hosmanek Iowa City, Iowa HawkeyeLaw, P.L.C. Andrew J. Hosmanek, Esq. Managing Attorney 308 E. Burlington St. #169 Iowa City, Iowa 52240 Phone: 319 - 321 -8604 Email: aih @hawkeyelaw.com Web: www.hawkeyelaw.com (7) � 4 c� CITY OiIO 16 CITY MEMORANDUM To: Carol Deprosse Cc: Tom Markus, City Council From: Jann Ream VAC Date: 7 /8/2013 Re: 523 Church Street Carol — In your 7/1/2013 email to Tom Markus and City Council, you brought up many good points concerning sustainable landscaping and that communities across the country are re- evaluating outdated ordinances regarding lawn maintenance. There is no doubt that organizations like the Wild Ones and Backyard Abundance are extremely helpful in educating property owners on alternatives to the "expanse of green lawn" culture that has dominated suburban landscaping since the 1950's. These organizations also recognize that these new approaches to landscaping may cause negative interactions with surrounding property owners and be contrary to the nuisance codes of governing jurisdictions. So they have determined strategies to help smooth over possible issues with neighbors and municipal jurisdictions. I have included a page from the Wild Ones web page describing these strategies and it is my understanding from conversations with Fred Meyer of Backyard Abundance that his organization also recommends these same policies. I (among others in our department) have been enforcing the tall grass and weed ordinance in Iowa City since 1998. I am usually brought into the more difficult issues with persons who do not want any grass in the yard and plant their entire property with alternative vegetation. I can assure you that in each case, the City does try to work the property owner to see if the substantial part of their plantings can remain while assuaging the sensibilities of their neighbors. The two questions I ask most often are "did you plant it ?" and "are you maintaining it ?" Most often, if a property owner is willing and able to make a few changes in their planting scheme, we can allow them to substantially maintain their yard in the way that they want. What we cannot permit, is a completely unmaintained property that has been allowed to revert to a "natural" state of unmown grass and volunteer weeds. Mr. Volm's property at 523 Church Street was first brought to my attention by a citizen complaint in 2007. The complaint concerned Mr. Volm's entire property including the City right of way in front of the house. At that time, I determined that the plantings on Mr. Volm's private property were not a violation. He had simply planted his property as a large garden. However, I was concerned about the plantings in the right of way since they were extensive. I could see that in a few years, they would grow very large and could cause problems with obstructing the sidewalk and vehicular sight lines down Church Street. I contacted Mr. Volm and informed him of the City policy and ordinances that cover plantings in the right of way. It was late in the year (November) and he was told to remove the plantings before the winter. In August of 2008, the City received another complaint. It appeared that Mr. Volm had removed most of plantings as required in 2007 and then re- planted new ones in the right of way. Once again, he was contacted and we worked with him to get the right of way substantially cleared out. Once again, by this time it was late in the year so it was difficult to determine what had just been cut down and what had been removed. In June of 2009, we received another complaint. One of the recurring issues is with large rose bushes that would throw thorny canes out into the sidewalk right at eye level. Once again, we contacted Mr. Volm and by July, he had gotten the area under control. But by September, the sidewalk was obstructed again and another notice had to go out to Mr. Volm to get the vegetation trimmed back. In May of 2010, we received another complaint about both the right of way and his backyard. I determined that the backyard was not violation but the right of way plantings were obstructing the sidewalk again. Again, another letter and another notice went out to Mr. Volm. In the letter (attached), I gave very specific guidelines to Mr. Volm about what could remain in the right of way and I warned Mr. Volm that if he was unable to keep his plantings from obstructing the sidewalk, we would require the removal of all plants in the City right of way — it was entirely in his hands. The City did not receive any more complaints concerning the right of way vegetation until June of this year. Upon inspection, it was obvious that many more plants and bushes had been planted in the right of way in the last two years. The low ground cover boundaries that we had worked so hard to get established were once again planted with large bushes and tall perennials that are inappropriate for the space. In conjunction with the City Forester, Terry Robinson, I notified Mr. Volm that, because of his demonstrated inability to maintain the right of way in a safe and controlled manner, the City was requiring complete removal of all plantings in the right of way except for three established trees. So these are the points I would like to stress: 1) City staff has worked very hard with Mr. Volm to allow him to keep his plantings in the right of way. He has been given every opportunity to demonstrate he can maintain the right of way responsibly. After 6 years, it has become clear that he is unable to control what he has planted and the sidewalk and sight lines along Church are in a perpetual state of obstruction. 2) The City has never sent Mr. Volm notice about the plantings on his private property. He has been allowed to garden his private property as he wishes. 3) Ultimately, this is City property. The property does not belong to Mr. Volm. City right of way is for public and City uses and it is the City's right and mandate to require that the property be maintained in a safe and controlled manner. 4) And finally, Mr. Volm no longer lives at the property. It is vacant. He has moved to Fairfield. It is his intention to do some interior improvements to the house and put it on the market. So, he is not present at the property to be aware of when plants flop across the sidewalk or when his rose bushes put out a thorny cane right at eye level. Mr. Volm did contact Earl May about a maintenance plan for the right of way. After speaking to the manger there who met with Mr. Volm, it is apparent that Mr. Volm's idea of a maintenance plan is woefully inadequate for the situation. The City is requiring that all plantings (except for three established trees) be removed from the right of way and a low growing ground cover established. We are extending the deadline until July 31 S` to give Mr. Volm more time to get the plants removed and perhaps moved to his new residence in Fairfield. If the plants are not removed by that date, the City will either remove them or hire a contractor to do so. r. xxt' gin? d 11-101-A 1\40-w h by Bret Rappaport The economic progress that followed our Civil regress in its wake. We plowed up the prairies, dammed mighty rivers, and eventually carpetec side yards with a lush monoculture of turf grasp In the dark 1890s, environmental awarene! away from turf grass to wildflower gardening w landscapes. In 1981, Darrel Morrison, a profess Georgia and member of the American Society o (ASIA), defined three characteristics necessary design: 1) regional identity (sense of place) 2) intricacy and detail (bio- diversity) and 3) elements of change. i Var brought ecological hopped down forests, our front, back, and started a slow shift hits focus on natural r at the University of Landscape Architects i natural landscape Not surprisingly, the first professional and amateur landscapers who attempted to realize Morrison's vision ran into public opposition. For several decades, natural landscapers from Florida to Canada faced prosecution for violating local weed laws. These laws, designed to protect the public from neglectful landowners, promoted monoculture and the accompanying notion that man and Nat re are ,independent of each other. Neighborhoods that opposed the no - conformity of the natural landscape attempted to find valid objections for their claims. They argued that natural landscapes resulted in. • rats and mice • mosquitoes and pests • fire hazards • air -borne pollens • lower property values Each argument is flawed. Pag( —, 1 o}! L a voice for the natural landscaping movement Reprinted from the March /April 2002 issue of the Wild Ones Journal For more information or to join Wild Ones Natural Landscapers: Phone: (920) 730 -3986 (877) 394 -3954 (toll -free) Address: P.O Box 1274 Appleton, WI 54912 -1274 E-mail: ExecDirectoKabfor- wild.org Web: http_ / /www.for- wi.ld,.ora/ Membership fee is just $30 per year - and it's tax - deductible. Rats and vermin are products of civilizations not nature. They do not live in natural landscapes, eating plants ands berries: they live in man -made structures, dining on garbage. Mosquitoes breed In standing water. Naturalistic landscapes tend to absorb more water than traditional lawns, thus reducing, rather than increasing, run-off and standing water. By providing a habitat for birds, natural landscapes may also increase the populz tion of mosquito predators. Properly managed naturalistic landscapes do not present any greater fire hazard than any other landscape type. Not only does prairie grass burn quickly arid at a low temperature, but natural landscapes comprise mostly green, leafy material that does not burn eadily. Allergens are primarily produced by exotic c rasses, oak trees, and ragweed. Most native yards are insect - pollinated and so cannot produce air borne alley ens. Finally, property values are a function of public perception. As naturalistic landscaping becomes more familiar and gains acceptance, it will be viewed as an asset rather than a liability. Furthermore as sub irban sprawl continues to consume open space and natural settings are lost, those rare elements of nature hat remain in a landscape will increase its value. It has been and continues to be a long, tough row to hoe fo those who would rather "grow than mow," Confronted with out -dated and ambiguous weed laws, a growing number of environmentally concerned home owners are standing up to their neighbors and municipal officials and reclaiming their right to landscape naturally And, they are winning. For those who Undertake natural landscaping in their own front and backyards, five simple steps may minimize potential conflicts and avoid "weed was.' "They can be remembered by the acronym, BRASH. http: // for- wild.org /download /growit.html 10/6/2008 C ov,, it! Don't h4ow It Page 2,:)1,2 BORDERS can provide a sense of order and purpose preferred by most homeowners. A "wild" yard tends to conflict with that preference and can disrupt equilibrium. A simple border - a mowed edge or low stone wall - can keep neighbors mollified, if not happy. RECOGNIZE the rights of others. You have a right to your coneflowers and bluestems, but your neighbor has a right to his clipped lawn, plastic sunflowers, and concrete lawn deer. Avoid arrogance by remembering that you are trying to win converts, not be a martyr willing to go down in a flood of litigation and neighborhood hostility. ADVERTISE. Let your neighbors know what you are doing - and why. Tell them about your project before you start, and continue to provide updates as you progress. You may want to consider putting up a small but readable sign that announces that your property is a special place that saves water, eschews toxic chemicals, and provides sanctuary for wildlife. Wild Ones provides such a sign, as does the National Wildlife Backyard Federation. You may also simply make a sign of your own. START SMALL. Daniel Burnham, an influential architect at the turn of the century, once said, "Make no little plans; they have no magic to stir men's blood." The sixth century philosopher Lao Tzu taught: "A journey of a thousand miles begins with a single step." Both ideas apply to successful natural landscapes. Having an overall plan, but proceeding in small stages, will reduce expenses, increase learning and enjoyment, and engender less hostility from skeptical neighbors. HUMANIZE. Once we recognize that we area part of nature, adding spontaneous personal touches to our gardens provides a human element to the natural setting. Strategically placed bird feeders, birdbaths, stone benches, pathways, sundials, and gazer balls create interesting accents. These touches also tell onlookers that the landscape is intended. Many people create natural landscapes and never face hostile neighbors or uptight town officials. A good example is Wild Ones member Rochelle Whiteman in Milwaukee, Wisconsin. When she converted her yard into a naturalistic prairie landscape, her neighbors asked her to help them do likewise. Today, her neighborhood boasts seven natural landscapes all on the same street. Although a lush green mask of Kentucky bluegrass covers some 32,000 square miles of suburban and urban America, change is in the air. The natural landscaping "movement" has taken root, and its adherents are a varied lot. They all share a common goal - to harmonize gardening and landscaping practices with nature. Bret Rappaport is the past president of Wild Ones and serves on the national board of directors. Bret is a member of the Lake to Prairie (IL) Chapter. Layout courtesy of The Newsletter Service, Neenah, WI. DEFINITIONS OF TERMS FOUND IN THIS ARTICLE: Natural Landscaping. The practice of cultivating plants which are native to the bioregion without resorting to artificial methods of planting and care, such as chemical fertilizer, mowing, or watering by other than natural processes. The goal of natural landscaping is to create harmony between the landscape and the larger ecosystem of the immediate and surrounding bioregion. Exotic. A plant growing outside its natural bioregion. Weed. A plant generally considered undesirable, unattractive, or troublesome; especially one growing where it is not wanted, as in a garden. Weed Law. Any federal, state, county, or local statute, regulation, or ordinance that limits the type or size of vegetation cultivated on land within its jurisdiction. Home Updated: Wild OnesS. All rights reserved. webmaster Updated: Jun 12, 2005. http://for-wild.org/download/groNAit.html 10/6/2008 I CITY OF IOWA CITY Department of Housing and Inspection Services 410 Washington Street Iowa City, Iowa 52240 June 2, 2010 Timothy Volm 523 Church Street Iowa City, IA 52245 Dear Timothy, Enclosed, once again, is a Notice of Violation for vegetation obstructing the public sidewalk. Once again, the thorny rose bush which is right at eye level is growing out in the sidewalk along with several other plants. I have made it very clear to you the past two years that this is not permitted and that you are responsible for making sure that the vegetation growing on the south side of the sidewalk does not grow over the sidewalk. Last year, the City required the removal of plants within two feet of sidewalk along the north side (City right of way) of the walk. The City right of way also extends approximately 4 feet from the south side of the sidewalk towards your house. If this problem continues, we will require plants within 2 feet of the south side of the sidewalk to be removed as well. Whether or not this extended enforcement is required is entirely in your hands, Timothy. You must demonstrate the ability to keep these plantings under control and off of the sidewalk without the City having to tell you to do so every growing season. I will be re- inspecting the property for compliance on June 21'. If the plants have not been cut back from the sidewalk, we will do so immediately. If there are any future violations concerning vegetation obstructing the sidewalk, City staff will require the removal of plants that are in City right of way along the south edge of the sidewalk. Please do not force us to do this —just keep the sidewalk clear of vegetation— please. As always, if you have any questions or would like me to meet you at the property for further explanation, contact me at 319 - 356 - 5120. Thank you, Jann Ream Code Enforcement Assistant From: Marian Karr Sent: Friday, July 05, 201311:15 AM To: 'Hala Hala Hookah' Cc: Council Subject: RE: Hala Hala Hookah Tobacco License Renewal Thank you for your email requesting a special Council meeting prior to the next regularly scheduled meeting of July 23. The Mayor has indicated there will not be a meeting prior to that date. Your application is complete and will appear on the Council agenda of July 23. Please let me know if you have any further questions. Marian K. Karr, MMC City Clerk From: Hala Hala Hookah [mailto :halahalahookah @gmail.com] Sent: Wednesday, July 03, 2013 2:03 PM To: Council Subject: Hala Hala Hookah Tobacco License Renewal Board Members, Hala Hala H000kah, located in downtown Iowa City at 327 South Gilbert Street, is an up- and - coming hookah shop that has been operating since July 16th of 2012. We are a personally -owned small business that has been growing since we opened our doors, and we currently employ 4 local residents, who are also students in the area, which have become solid members of our team. Through the work of our small and dedicated team, we have progressively created a place for ourselves in the downtown area. We had undergone an address change where we switched from receiving mail at our physical address to a P.O. Box located downtown, and the proper steps were taken to update our service providers with the change. Regrettably, switching the listed address with the city was one that went unnoticed, and so any correspondences from the city that were not something we had received on a regular basis were things that also went unnoticed. The renewal for our tobacco license, something that is a fundamental necessity for our business to keep its doors open, was one of these articles that had unfortunately never reached us. Not until couple of days before our listed expiration date, did one of the Hala Hala team members notice that the license expiration date was soon approaching. The renewal had been done by one of the owners when the Hookah Shop first opened, but since we had a managerial transition within our first year, the license renewal was something that the current manager was not made aware of. Once this was brought to the attention of management, we immediately went to City Hall to have,our license renewed so we could continue operating on regular schedule. There we were notified that the board had switched from meeting twice a month to only once because of the slowed traffic and so they would not meet again until July 23rd. Now we are unfortunately left to wait until the next board meeting before we are able to begin operation. The month of July is a time that we have planned a number of events, and we would be at a great loss if we are unable to continue operation because of our renewal. We take full responsibility for our neglecting to have renewed our tobacco license in a timely manner; we take this very seriously and can assure that will never happen again. This being said, we ask if there is any way to have our license renewal expedited so that we are able to continue operating on our normal schedule. Not only would our new business experience a crucial loss, but our employees would also be left unemployed during this period. Closing until July 23d is something that would take a very long time for our business to recover from, and so we ask the board members if there is anything that we can do to avoid having to do so. We eagerly await your response, and thank you for your time Mohammed Al -Basri and Zahra Al- Attar, Owners of Hala Hala Hookah From: Tea Ho <teadeeho@g mail. com> Sent: Monday, July 08, 2013 10:13 PM To: Karla. cook @iccsd.k12.ia.us; tuyet.dorau @iccsd.kl2.ia.us; patti.fields @iccsd.k12.ia.us; sally. hoelscher @iccsd.k12.ia.us; jeff.mcginness @iccsd.k12.ia.us; marla.swesey @iccsd.kl2.ia.us; sarah.swisher @iccsd.kl2.ia.us Subject: The future of Lincoln elementary ICCSD School Board Members, I am the parent of 3 children in the ICCSD living off Stewart Rd north of I -80.2 of my 3 girls (youngest just I year old) attend Lincoln Elementary. My family and I love Lincoln. As a Lincoln parent I know that we not only support our own children but other kids in our community. Why else would Lincoln parents volunteer 8 weeks in the winter to entertain and educate a room full of other people's kids on our lunch hour. The students, teachers, staff and families of Lincoln form an amazing community to support each other but also to reach out to other communities. 2 years ago Lincoln PTO raised funds through our annual Scholastic Book Fair to provide books for the Twain Elementary School Library. We have aided other Elementary Schools in funding their visiting Authors. Last year with the leadership of our wonderful principal, Ann Langenfeld, we were able to raise funds through an all school project for a South Sudan school to build a much needed water well. I don't point these things out to boast or preen. I mention these things so you might know that we are team players who care about more than just Lincoln Elementary. While I hope that matters, I fully realize that as a district we must make some hard choices based on subjective data and likely not on emotion or feeling. I agree that we need to prepare our beloved children for a highly competitive future workplace. Here's my subjective argument for why we should NOT close Lincoln Elementary. Lincoln Elementary is becoming a model for STEM education in K -6 in the ICCSD. In the past year we have added several STEM activities to encourage our kids to explore the science, technology, engineering and math challenges they will encounter beyond school. Included in these activities were Lincoln Family Science Night, Lego League club, video gaming (creating video games not playing them:) club, afterschool STEM club, and school gardens. These clubs and events were driven by parents and staff that strongly believe that STEM is key to our kids' future and at the same time just really fun. With our first trials (and some errors) under our belts, Lincoln is ready and willing to help other schools in the district with their STEM endeavors. Closing Lincoln would destroy the momentum that the Lincoln community has been generating. I urge you to consider that closing Lincoln will have a lasting impact on more than just one school and one community of families. We are one district and Lincoln has not only always believed that but acted upon that core belief. Sincerely yours, Theresa Ho From: Matthew J. Hayek <mhayek @hhbmlaw.com> Sent: Tuesday, July 09, 2013 10:16 AM To: Marian Karr Subject: FW: Back -Yard Chicken Issue: Problems Encountered in Other Communities From: ROBERT L BRENNER [mailto:rlvlbren(almsn.com] Sent: Monday, July 08, 2013 4:58 PM To: Matt Hayek; Rick Dobyns; Jim Throgmorton; Susan Mims; Terry Dickens; Michelle Payne Subject: Back -Yard Chicken Issue: Problems Encountered in Other Communities Dear Mayor Hayek and City Council Members with E -Mail Addresses: Personally, I have not taken a position on the issue of keeping chickens in backyards within the city limits of Iowa City. However, I have heard stories about the problems caused in some communities by the the growing abandonment of unwanted chickens. This past weekend, my son, who lives in Portland, OR, sent me a link to a story published online by NBC News that I found rather enlightening about this problem. Perhaps you have already read this article, but if not, here is the link: http: / /www. nbcnews.com /health/ backyard- chickens - dumped - shelters- when - hipsters- cant -cope- critics- say -6C 10533508 It seems to me that if Iowa City were to allow the keeping of backyard chickens within the city limits, the City Council should consider asking potential chicken owners to be familiar with the life cycle of chickens and sign some sort of agreement that unwanted chickens be relinquished in a manner that the City and its' Animal Control officers can live with. I think that I will continue getting my chicken and eggs from HyVee, Fairway, New Pi or other commercial sources. Sincerely, Bob Brenner From: Cullen, Lori A <lori- cullen @uiowa.edu> Sent: Wednesday, July 10, 2013 8:34 AM To: Council, info @downtowniowacity.com Subject: A recycling solution to Cigarette Butt Problem is available Iowa City Trying to Smoke Out Cigarette Butt Problem By Forrest Saunders, Reporter Why not try something innovative and do some good at the same time http://www.terracycle.com/en-US / http: / /www.terracycle.com /en -US /brigades /cigarette- waste- brigade.html 000 TERRACYCLE SEND YOUR WASTE PRODUCTS Cigarette Waste Brigade@ WASTE IS SENT TO TERRACYCLE Affi� WASTE IS RECYCLED INTO VARIOUS PRODUCTS Engli; ABOUT US RESO _.1, ,, Recycle your waste with Santa Fe Natural Tobacco Company SANTA FE NATURAL AM TOBACCO COMPANY Every year, cigarette butts end up in dumpsters and landfills, or get tossed as litter on shorelines, parks, and sidewalks across the US. With the help of Santa Fe Natural Tobacco Company, a major tobacco manufacturer in the US, the waste collected through the Cigarette Waste Brigade will be recycled into a variety of industrial products, such as plastic pallets, and any remaining tobacco will be re- worked into tobacco composting. 3 ►I BRIG CGW GPM UIH Su °c Find 8' r&e HOUGHTON LAW OFFICE 2f(12) 216 STEVENs DRIVE P.O. BOX 1147 IOWA CITY, IOWA 52244 -1147 JAMES D. HOUGHTON TELEPHONE ATTORNEY AT LAW (319) 341 -0641 hloffice @gwestoffice.net FACSIMILE (319) 341 -0681 July 10, 2013 Council Members 410 E. Washington Street Iowa City, IA 52240 RE. Stevens Drive/South Gilbert Street,flooding Dear Council Members: I am sending you this letter on behalf of my client, David L. Clark. Mr. Clark is a partner of C & C Investments, which owns the building at the corner of South Gilbert Street and Stevens Drive. The building houses several businesses at 1566 and 1568 South Gilbert Street, and 204, 208, 210, and 216 Stevens Drive. Mr. Clark also owns the building at 224 Stevens Drive. Mr. Clark and his tenants are concerned about the flooding situation on Stevens Drive and South Gilbert Street during periods of heavy rain. Most recently, on June 24, 2013, the storm sewers backed up and caused significant overflow midway into the parking lot, shutting down Stevens Drive for much of the morning and then again later in the day. The duration of the overflow of storm sewer water into the parking lots and street was of a much longer duration than in the past. This caused a disruption to the businesses located in Mr. Clark's buildings, as customers, occupants, and patrons of the businesses were prevented from coming and going. Although the rain on June 24 was particularly heavy, this was not an isolated incident. Such incidents have been occurring with greater severity and frequency, especially in the past year. The undersigned, as a tenant at 216 Stevens Drive, can personally attest to the above. Mr. Clark intends to meet with representatives from Carousel 2 and Hy Vee for their input on this issue, as it is likely their businesses are also disrupted every time the storms sewers back up in to the street. Regarding the City's emphasis on re- development of the South Side of Iowa City and flood abatement, are there any immediate plans in the works to alleviate the problem with the storm sewer overflow at Stevens Drive and South Gilbert Street? Thank you for your attention to this matter. o ly yours, cc: Rick Fosse . Houg hton rn 7es 3 mow. �I ff 7 -23 -13 Marian Karr 2f(13) From: Roberts, Cindy <cindy- roberts @uiowa.edu> Sent: Saturday, July 13, 2013 7:01 PM To: Council Cc: Marcia Bollinger Subject: Thank You from the Grant Wood Neighborhood Association Dear Mayor Hayek & City Council members— On behalf of our neighborhood association, I wanted to thank you for your approval of our PIN grant funding requests for 2013 -14. This type of funding makes a big difference in our neighborhood. In appreciation, Cindy Roberts, Coordinator Grant Wood Neighborhood Association From: Joseph Younker <jwyou n ker@g mail. com > Sent: Tuesday, July 16, 2013 7:00 PM To: Council Cc: john.westefeld @gmail.com; Lucie- laurian @uiowa.edu; djbourgeois @q.com; clayclaussen @remax.net; Maggie .Elliott @iowacityhospice.org; Mike Moran; alliegnade @gmail.com; carahamann @gmail.com; Tom Markus; John Yapp Subject: Correspondence from Parks and Recreation Commission Attachments: Itr to city council re chauncey park from commission (01487548- 3).pdf Council Members: Please find attached correspondence from the Parks and Recreation Commission. Thank you. Joe Younker July 16, 2413 VIA EMAIL (eouneN*1uw"ty.org) City Council City of Iowa City, Iowa 410 East Washington Street Iowa City, IA 52240 RE: The Chauncey / Chauncey Swan Park Dear Council Members: During our May meeting, Jahn Yapp from the Planning and Community Deve4ment Department, along with Steve Rohrbach and Patrick Ahrord from Rohrbach and Associates Consultants, discussed The Chauncey with the Commission, and we appreciated this discussion. Although the Commission unoh:rstands that plans have not been finalized, the project will undoubtedly impact Chauncey Swan Park and the farmers market. As a result — and given our charge to exercise broad responsibility for the development of parks and similar amenities serving the City, along with our responsibility to review policies and rules affecting these amenities — we would like to open a dialogue about The Chauncey with the Council. Specifically, we are interested in two main topics: 1) use of the park as a staging area during the construction process; and 2) post - construction redevelopment of the park. We understand that contractors will use the park as a staging area for building materials wing The Chaurcey's construction. As a result, it is possible that the park old be unavailable for approximately two years, and that it will be destroyed during the construction process. While we understand the steed for a staging area, the inability to use the park for an extended period of time concerns the Commission. For example, loss of the park will impact the farmers market. As you know, performers and other contributors to the market currently use the east sick of the park. Additionally, patrons use the park for picnicking and socializing during the market. The Commission wants to ensure that these and other impacts are minimized. As Mr. Rohrbach indicated, the staging of construction materials will destroy the park as it currently exists. The park, however, contains certain signify features. For example, it contains two memorial trees — one large oak in memory of World War II veterans, and another tree in memory of longtime City employee Linda Severson. The Commission wants to ensure that the park's significant features are considered, preserved or moved to other acceptable locations. The Commission is also interested in the redevelopment of the park post- construction. As you know, the creation of a new park or the renovation of an existing park typically involves extensive input from the Parks and Recreation Department, the Commission, and the surrounding neighborhood. We hope that a similar process will be followed in this case. Ultimately, the Parks and Recreation Department will be responsible for the redeveloped park. It is important, fo1487549.®OCX) therefore, that the Department and the Commission have meaningful input during both the Planning and execution phases of the process. Transformer Chauncey Swan Park provides the City with an opportunity to build upon its recreation offerings. As with any park construction or redevelopment project, however, the process will also imiude challenges. Iowa City is very fortunate to have an extremely talented Parks and Recreation Department staff. The Commission is confulenet that the staff will be able to address the challenges and capitalize on the opportunities presented by the project. Staff will be in a better position to do its job in an effective and efficient manner, however, if the Department and Commission are provided the opportunity for early and meaningful input. We understand that the City will begin negotiating the development age and related documents for The Chauncey in the very near future. The Commission would appreciate the opportunity to be actively involved in the design of the park. If the Council feels that it would be berief vial, we suggest that one of our members and one member from the Parks and Recreation Department meet with Council and appropriate City Staff to discuss the terms of the development agreement relating to elements falling within the Commission's scope of responsibility. Additionally, we would be happy to contribute to the process in other ways that the Cecil feels are mate The Commission looks forward to the amity to reconsider Chauncey Swan Park and what the space can offer to the City. We also look forward to working with Council and City Staff on this project. Thank you very much for your consideration of our ideas and input. Sincerely, THE IOWA CITY PARKS AND RECREATION COMMISSION Clay Claussen Maggie Elliott Dave Bourgeois Attie Crnutde Cara Hamann Lucie Laurian John Westefeld Joe Younker Cc: Tenn Markus John Yapp 4 1r e•• Marian Karr From: Steve Grismore <gizmojazz @mchsi.com> Sent: Wednesday, July 17, 2013 11:06 AM To: Council Subject: New meters This correspondence will become a public record. 7— 23 -13 2f(15j Dear City Council, I am very disappointed in the new meter rates and time period they run. I know for a fact that a quarter used to get you at least 20 min and now it is half that ( 10 min ... at least in some places). Also unimpressed that meters now run until 6:00. (post most business hours downtown ? ? ? ? ?). Oh, and yes, thank God we can use our debit and credit cards now ... thanks. I haven't talked with anyone that is happy about this and I find it makes me want to shop in another place (like Coralville). Way to go Iowa City! Steve Grismore q izmoiazz(a- mchsi.com 319 - 936 -8161 '2R/5) Marian Karr From: Chris O'Brien Sent: Tuesday, July 23, 2013 8:28 AM To: Marian Karr Cc: Tom Markus Subject: Re:parking meter rates Mr. Grismore, The issue of extended enforcement hours was important to our latest changes. The reasoning behind the extension is to continue to turn over spaces in the evenings for those businesses that remain open past 5:00pm. Our initial proposal included an extension of enforcement hours until 9:00pm prior to landing on 6:00pm. Beginning at 5:00pm, with no incentive to leave a parking space, the turnover for spaces downtown drops from over 80 %, when parking regulations are enforced, to less than 40 %. In addition, we also now offer First Hour Free in four of our parking facilities to encourage customers to utilize our parking facilities. Please feel free to contact me if you wish to discuss further. Thank you, Chris O'Brien Director of Transportation Services City of Iowa City (319)356 -5156 Chris-obrien@iowa-city.org CITY OF IOWA CITY "13 MEMORANDUM MEMORANDUM Date: July 12th, 2013 To: City Clerk From: Darian Nagle -Gamm, Traffic Engineering Planner Re: Item for July 23`d, 2013 City Council meeting; Installation of a NO RIGHT TURN ON RED sign for northbound traffic at the intersection of Burlington Street and Clinton 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 (1); Install a NO RIGHT TURN ON RED sign for northbound traffic at the intersection of Burlington Street and Clinton Street. Comment: This action is being taken as visibility for northbound traffic has been significantly reduced by construction fencing for the UI School of Music project. Sight distance will be reevaluated upon completion of the project. The sign has been posted with interim approval from the City Manager's office. 0 n C',>-G N i- "<r rn 'o M s tv 0 -I- -, CITY OF IOWA CITY 07 -23 -13 � L21(17) `�'r'"1;r�r• MEMORANDU Date: July 12th, 2013 To: City Clerk From: Darian Nagle -Gamm, Traffic Engineering Planner Re: Item for July 23rd, 2013 City Council meeting; Installation of NO PARKING 8 PM — 7 AM signs on Gilbert Court between Kirkwood Avenue and Highland Avenue, Highland Court, and 2nd and 3rd Street east of Gilbert 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 NO PARKING 8 PM — 7 AM signs on Gilbert Court between Kirkwood Avenue and Highland Avenue, Highland Court, and on 2nd and 3rd Street east of Gilbert Street. Comment: This action was initiated by area businesses and organizations due to concerns about vehicles parked overnight on these streets. A formal survey was completed with 100% of respondents in favor of prohibiting parking overnight on Gilbert Court, 66% in favor of the action on Highland Court, 66% in favor of the action on 2nd Street, and 100% in favor of the action on 3rd Street. o �n w WFAMP rn ;1 M ' °*x w a Co a Marian Karr From: Holly Hart <hhartl l @gmail.com> Sent: Sunday, July 21, 2013 11:56 PM To: Council Subject: Invitation to "Green" Events This Week Members of the Iowa City City Council: I'm writing to let you know about a series of events coming up later this week which may be of interest to you. The Green Party of the U.S. will be holding their annual meeting in Iowa City from July 25 -28. As part of the meeting, there will be a series of events, including a panel of Iowa policy makers, a panel of Green officeholders from around the country and a talk by 2012 Green presidential candidate Jill Stein. There will also be a series of workshops presented by local folks and guests from around the country. The schedule of events can be found here: httD://www.at).orLy/meetinas/lowa2Ol3/ httos :Hdocs.eooelc.com/document/d/I obS2axv5I E9deB4XKevoCX7znM- S2iY6nIboVwX -U2w /edit ?nli =1 We would especially like to extend to you an invitation to attend a panel of elected Greens from around the country, to be held on Saturday starting at 11:00 a.m. at the Iowa City Public LIbrary, Room A. Minneapolis City Councillor Cam Gordon will give a brief presentation about his work, then be joined by several other panelists holding some type of local or municipal office, from the Midwest (including Iowa), California and Maine. Each will have a chance to speak about their work in office, particular accomplishments and challenges, and the audience will have an opportunity to ask questions. After a break for lunch, that will be followed at 1:00 p.m. with a talk by 2012 Green presidential candidate JIII Stein. These events are free and open to the public; lunches may be purchased for $15 Other noteworthy events will include a panel featuring Dr. Francis Thicke, member of the National Organic Standards Board, State Senator Rob Hogg, author of the recent book "America's Climate Century," and State Representative Mary Mascher. They will talk about their work as policy makers, advocates for "green" policy, challenges they face and how interested citizens can assist them in their work. This will take place on Thursday evening starting at 7:00 p.m. in the Old Capitol Senate Chamber. Individuals may register for the entire meeting, but there will be a special day fee for several Saturday events, and a suggested $5 minimum donation to attend workshops. Please feel free to pass this along to city staff and any others you feel would be interested, and feel free to email or call if you have any questions or would like more information. I hope you will join us for one or more of these events! Holly Hart Iowa Green Party GPUS National Meeting Committee -4:'( i Marian Karr From: Mark Patton <mark @iowavalleyhabitat.org> Sent: Tuesday, July 23, 2013 4:25 PM To: Tracy Hightshoe; Tracey Achenbach; Steve Long; Council; loebsack, dave Subject: 2538 Nevada Dedication @ 1 on July 27th Attachments: Nevada Dedication 2013.pdf Iowa Valley Habitat for Humanity is pleased to invite you to the dedication of a reborn house located at 2538 Nevada St., Iowa City. A refugee family of five from the Congo will become the new owners in the coming months and we want to celebrate with them. This abandoned and condemned home was purchased by Iowa Valley Habitat from the City of Iowa City last fall. About the only things in the home which have not been made over are the foundation, studs and siding! Please join us at i p.m. on Saturday for a brief dedication ceremony (see attachment), a tour and refreshments. Peace, Mark Patton Executive Director, Iowa Valley Habitat for Humanity 2401 Scott Blvd., Iowa City, IA 52240 office: (319) 337 -8949 fax: (319) 354 -3527 marlda),iowavallevhabitat. orQ w iowavallevhabitat.ore The difference between doing nothing and doing something is everything. Fr. Daniel Berrigan \ g / 2! x! �Apr km MT/ xa! OAF � 2 ca � � i � � >% (6 n § _ \ / §S9/ ■® ;O �\ /n CO 0 0 k 2 � ■ D E W { ;) j / J \ ` / ` R }) # \ } / / )§ o0IE » * {\ o \ / _ � Z i > _ / % . \ ^ \ _ t O § k k k \ ( ® \ � 0. \ f \o 0 \ k \) 0 \ \ (D \ \ \ \ \ rs \ ° D5az \ o & e # r ®] ® ] o LL [ ® \ $ / ) * 2 / 2 \ . \ g / 2! x! �Apr km MT/ xa! OAF � 2 ca � � i � � >% (6 n § _ \ / §S9/ ■® ;O �\ /n CO 0 0 k 2 � ■ D Q 7 O d 41 C 3 i d d U C 0 v d 1 E m m x LL 2 O N CD U X W 0 ca as m a L) @ U 3 P O CL CL rn 0 c O C 0) O U 0 Y E 0 7 O c L n a7 0 O O L a m 0 0 0 N t m E m U) n n co 0 0 0 c 2 N a m L U L z U (a D a E2 LL CD Y O C ❑ ar E E 0 . U w a� C r a1 n v c a7 N 0 O m 2 w m L O 0 c O m c 41 4Ni a` n 0 m d LO m c Q U � L C ` LL J L L U ` N 0 L O L_ w C a N E N LL J C F N N at - J a) _ c � N `m aa) Y O Z N m .c d C 47 w CA N a N LL O L. i a1 E 2 O CD ca W x d 3 O T 4i Y `0 c O c 41 4Ni a` x LL 2 d N c W c O N O U m x L N 0 m C r 4) E O x 4) s w O rn c N m m E2 3 0 v c m w 0 n 0 0 LL t N m m m Y 4i E rn c •O I x LL x O U N ❑ J N W C cc m a N m E t =� CITY OF IOWA CITY MEMORANDUM Date: July 23, 2013 To: Mayor Hayek and City Council From: Captain Richard Wyss Re: Recommendation for Liquor License Renewal- Iowa City Fieldhouse Introduction: In a memo dated July 16th, 2013, based on information outlined in the memo, Chief Samuel E. Hargadine recommended the denial of the renewal application for a liquor license for the Iowa City Fieldhouse. History/Background: Since the recommendation was made in the previous memo dated July 16th, 2013, Rafer Mateer has divested himself of owner interest of the business. This resolves the issues that were outlined in the recommendation for denial of the application. Recommendation: The Chief of Police recommends approval of the On- Premises Liquor License Renewal for the Iowa City Fieldhouse. 7 r CITY OF IOWA CITY 410 East Washington Street Iowa City, Iowa 52240 -1826 (319) 356 -5000 (319) 356 -5009 FAX www.icgov.org July 16, 2013 Caffrey IC, Inc. 118 S. Dubuque Street Iowa City, IA 52240 Re: Iowa City Fieldhouse Dear David Carey, Rafer Mateer, and Joann Bear, Attached is a copy of the memo from the Iowa City Police Chief recommending that City Council deny your application for renewal of your liquor license. Under Iowa City Ordinance 4 -2 -4: NOTICE AND HEARING: you are entitled to, "an opportunity to be heard prior to the imposition of a civil penalty, suspension or revocation or disapproval of an application for renewal." Please find enclosed a copy of Iowa City Ordinance 4 -2 -4 for your reference. The City Council will be considering your application at their July 23, 2013 City Council meeting at City Hall; which starts at 7:00 p.m. in Emma Harvat Hall. This meeting will be your opportunity to be heard on your application. Sincerely, Marian K. Karr City Clerk Cc with attachments: Sam Hargadine, Police Chief Eleanor Dilkes, City Attorney City Council 4 -2 -3 4 -2 -5 memo setting forth the reasons for disapproval no later than seven (7) calendar days prior to the expiration of the current license in the case of renewals, or within seven (7) days of completion of the application, including the state requirements, in the case of applications for a new license. Renewal applications will not be accepted more than seventy (70) days prior to expiration of the present license. The application must be reviewed and approved or denied by the city council. (Ord. 09 -4357, 10 -6 -2009) 4 -2 -4: NOTICE AND HEARING: The city council shall provide the licensee or permittee an opportunity to be heard prior to the imposition of a civil penalty, suspension or revocation or disapproval of an application for renewal. Notice may be given by personal service or first class mail directed to the manager or contact person of the applicant as listed on the application. Notice by personal service must be given at least five (5) days before the hearing. Notice by first class mail is effective on mailing and must be given at least six (6) days before the hearing. (Ord. 01 -3968, 6 -12 -2001, eff. 8 -1 -2001) 4 -2 -5: CIVIL PENALTIES: A. Any violation of state law, local ordinance, or the rules of the alcoholic beverages division by any employee, agent, or servant of a licensee or permittee shall be deemed to be the act of the licensee or the permittee and shall subject the license or permit of said licensee or permittee to civil penalties, including suspension or revocation. B. The city council may suspend a license or permit for a period not to exceed one year, revoke the license or permit, or impose a civil penalty not to exceed one thousand dollars ($1,000.00) per violation. Before suspension, revocation, or imposition of a civil penalty the license or permit holder shall be given written notice and opportunity for a hearing in accordance with section 4 -2 -4 of this chapter. C. A license or permit issued may be suspended or revoked, or a civil penalty may be imposed on the license or permit holder by the city council for any of the following causes: 1. Misrepresentation of any material fact in the application for such license or permit. October 2009 Iowa City r ! CITY OF IOWA C I T Y Ott MEMORANDUM Introduction: The owners of the Field House are making application for a one year liquor license renewal. The listed owners are Rafer Mateer, David Carey and Joann Bear. In January of 2013 the Fieldhouse applied for a 12 month license. My department resisted the application as a result of an incident that resulted in the arrest of one of the listed owners, Rafer Mateer, and two of his employees. I will describe that incident in greater detail below. Mateer indicated he would divest himself of ownership in the establishment, so an agreement was signed by the establishment calling for the establishment to withdraw their 12 month license application, and reapply for a 6 month license, allowing Mateer time to divest himself of his ownership interest. As of the writing of this letter, he has failed to do so, and is listed as an owner on their new 12 month license application. For reasons I will describe, we do not believe Mateer is a "person of good moral character" under Iowa law, and consequently recommend denial of the license application History/Background: On May 18, 2012, 11:37 p.m. a call for service at the Fieldhouse was received reporting a patron refusing to leave. Subsequent investigation revealed that the patron was removed from the bar by staff, to the alley where the patron was assaulted by bar staff, including Mateer, causing facial lacerations and fractures. The facial fracture was caused by one of the three employees hitting the victim with a glass bottle. When officers arrived they were told by Mateer that the patron was ejected and that there was no longer a problem. Responding officers noticed a large pool of blood and broken glass in the alley which prompted further investigation in to how the incident transpired. The victim was found later with the help of family members who were also inside the Fieldhouse. On June 27, 2012, warrants for Willful Injury (a felony) were issued for Rafer Mateer and two co- defendants, Philip L. Czechowicz (Fieldhouse employee), and Nicholas W. Miller, (manager at DC's, (a neighboring bar also owned by Mateer). Mateer was arrested that same day and his case is still pending. Charges against Nicholas Miller have been dropped. On January 14, 2013, The Fieldhouse liquor license application renewal was presented to ICPD. On January 22, 2013, a meeting with Fieldhouse owners Rafer Mateer, Joann Bear, ICPD staff and Assistant City Attorney Eric Goers was held to resolve an issue regarding Mateer's pending felony charge. On January 25, 2013, the Fieldhouse owners agreed to withdraw their application for a twelve month license, and re -file for a six month license. The owners acknowledge in a signed agreement that at the conclusion of the six month license ICPD and other City staff will again assess whether all owners at that time are "person of good moral character" and that a conviction or pending criminal charge, even at a misdemeanor level, of then - current owner, may serve as a basis for a denial of the liquor license renewal. Mateer's charges remain pending. N Q Date: July 16, 2013 c w To: Mayor Hayek and City Council From: Chief Samuel E. Hargadine „� �L• -f"� -<tC-) - r" M Re: Denial Recommendation for Liquor License - The Fieldhouse E5 ::u cn. Introduction: The owners of the Field House are making application for a one year liquor license renewal. The listed owners are Rafer Mateer, David Carey and Joann Bear. In January of 2013 the Fieldhouse applied for a 12 month license. My department resisted the application as a result of an incident that resulted in the arrest of one of the listed owners, Rafer Mateer, and two of his employees. I will describe that incident in greater detail below. Mateer indicated he would divest himself of ownership in the establishment, so an agreement was signed by the establishment calling for the establishment to withdraw their 12 month license application, and reapply for a 6 month license, allowing Mateer time to divest himself of his ownership interest. As of the writing of this letter, he has failed to do so, and is listed as an owner on their new 12 month license application. For reasons I will describe, we do not believe Mateer is a "person of good moral character" under Iowa law, and consequently recommend denial of the license application History/Background: On May 18, 2012, 11:37 p.m. a call for service at the Fieldhouse was received reporting a patron refusing to leave. Subsequent investigation revealed that the patron was removed from the bar by staff, to the alley where the patron was assaulted by bar staff, including Mateer, causing facial lacerations and fractures. The facial fracture was caused by one of the three employees hitting the victim with a glass bottle. When officers arrived they were told by Mateer that the patron was ejected and that there was no longer a problem. Responding officers noticed a large pool of blood and broken glass in the alley which prompted further investigation in to how the incident transpired. The victim was found later with the help of family members who were also inside the Fieldhouse. On June 27, 2012, warrants for Willful Injury (a felony) were issued for Rafer Mateer and two co- defendants, Philip L. Czechowicz (Fieldhouse employee), and Nicholas W. Miller, (manager at DC's, (a neighboring bar also owned by Mateer). Mateer was arrested that same day and his case is still pending. Charges against Nicholas Miller have been dropped. On January 14, 2013, The Fieldhouse liquor license application renewal was presented to ICPD. On January 22, 2013, a meeting with Fieldhouse owners Rafer Mateer, Joann Bear, ICPD staff and Assistant City Attorney Eric Goers was held to resolve an issue regarding Mateer's pending felony charge. On January 25, 2013, the Fieldhouse owners agreed to withdraw their application for a twelve month license, and re -file for a six month license. The owners acknowledge in a signed agreement that at the conclusion of the six month license ICPD and other City staff will again assess whether all owners at that time are "person of good moral character" and that a conviction or pending criminal charge, even at a misdemeanor level, of then - current owner, may serve as a basis for a denial of the liquor license renewal. Mateer's charges remain pending. July 16, 2013 Page 2 Chapter four of the Iowa Administrative rule 185 - 4.7(1) Improper Conduct states: "No licensee, permittee, their agent or employee shall engage in any illegal occupation or illegal act on the licensed premise." Iowa Code Section 123.49.2(1) prohibits licensees from permitting, or employees for committing, from doing any of the following: j. "Knowingly permit or engage in any criminal activity on the premises covered by the license or permit." Recommendation: The bar patron /victim's behavior of dancing on a drink ledge was inappropriate, and bar staff was certainly within their rights to eject the patron. However, assaulting the patron in the back alley with a glass bottle, resulting in facial fractures, is absolutely an unacceptable bar response. The three principals admitted to being involved. Police had already been called for the disturbance, and the reasonable course of action would have been to let trained and properly equipped police officers deal with the patron, instead of assaulting him with a glass bottle. For all these reasons, ICPD recommends denial of this renewal application. Attachments: Liquor License Renewal Agreement between the City of Iowa City Police Department and Caffrey I.C., Inc. d /b /a/ Iowa City Fieldhouse. District Court of Iowa in and for Johnson County Complaint for Incident No. 2012006141 Iowa City Police Department On- Premises Liquor License Renewal Summary N Q c7 � c c-a CM r- cn Liquor License Renewal Agreement between the City of Iowa City Police Department and Caffrey I.C., Inc, d /b /a Iowa City Fieldhouse. WHEREAS, the Iowa City Police Department (hereinafter "ICPD') based on the criminal charges currently pending against one of the owners of Caffrey I.C., Inc., d/b /a Iowa City Fieldhouse (hereinafter "The Fieldhouse "), which related to the willful injury of a bar patron, at the bar, cannot recommend approval of the liquor license renewal application made by The Fieldhouse; and WHEREAS, the ICPD wishes for The Fieldhouse to continue operating while they resolve this ownership issue; and WHEREAS, a six (6) month license is available in lieu of a twelve (12) month license; and WHEREAS, following the completion of the six (6) month license, ICPD and other City staff will again assess whether all owners at that time are 'persons of good moral character', which will include a review of their criminal history, any pending criminal charges, and the nature of those convictions and/or charges. NOW THEREFORE, as a condition for the recommended approval of a six (6) month license renewal, The Fieldhouse agrees to withdraw their application for a twelve (12) month license, and re -fife for a six (6) month license. The ICPD will recommend approval of the six (6) month license assuming no other problems develop at the Fieldhouse between the execution of this Agreement and the City Council meeting at which the approval will be considered by Council. The Fieldhouse ownership acknowledges that a conviction or pending criminal charge, even at a misdemeanor level, of any then - current owner, may serve as a basis for a denial of The Fieldhouse's liquor license renewal. i Rafer VaCejW Sam Hargadine Owner, Caffrey I.C., Inc. Iowa City Chief of Police Joanne Bear Owner, Caffrey I.C., Inc. U w Cc: Captain Rick Wyss, ICPD ....,, Sergeant Vicki Lalla, ICPD Sergeant Troy Kelsay, ICPD �C+" Eric Goers, City Attomey's Office` CA IN THE DISTRICT COURT OF IOWA IN AND FOR JOHNSON COUNTY INC. NO.: 2012006141 COMPLAINT PREV. INC. NO.: STATE OF IOWA - } VS. CT RK'S NO. fe1p R•, O MATEER, RAFER DANIEL 06 -24 -75 DATE OF %" z %�Y~�' `_?�, �+ .. NON -HIS 1 E! MAIL4 4 NAME 605 Pebble Court 301JJ8572 - IA ADDREU5 DIJ15 NUMBER STATE.,� North Liberty, Iowa 52317 W M 6 -2 200 BLU CITY, STATE ZIP RACE SEX HEIGHT WGT EYE RAFRR nANIEL MATEER is accused of the crime of WILLFUL INJURY - CAUSING SERIOUS INJURY (FELC) and AIDING AND ABE'T'TING (FELC) in violation of Section 708.4(l) and 703.1 of the Iowa Criminal Code or Ordinance No. N/A Of the City of Iowa City in that he did, on or about the 18 day of May 2012 , at (Time:) 2337 (Location:) 118 S. Dubuque Street (Field House Bar) in Johnson County, State of Iowa without justification, commit an act which intended to cause serious injury to another. Wolfe #17, Arcenas #21 McKenna #41 BOOKING OFFICER COMPLAINANTS) I, the undersigned complainant, being first duly sworn on bath, do hereby depose and state 1 believe the above named Defendant committed the above named public offense based on the following facts: Defendant and two other individuals actively participated in removing the victim, a patron of the Fieldhouse Bar, from the premises. The victim was taken out the back door to the alley where he was struck several times. A witness states observing one of the defendants Rick up a bottle, swing it in the direction of the victim and then hearing the sound of breaking glass. The victim received several lacerations to his face consistent with being cut b lass which have resulted in permanent disfigurement. The victim also received fractures to his orbital socket that required multiple surgeries to emplace prosthetics in order to repair damage During questioning the defendant admitted his involvement in the h sical altercation's time and place. Co- defendants Nicholas William Miller, Phillip Leo Czechowicz ^� me thi�� day of I hereby promise to appear in said court at 417. S. Clinton St., Iowa City, IA 52240 on or before at Anyone who willfully fails to appear in court as specified shall be guilty of a misdemeanor. The court may then issue a warrant of arrest for the defendant as specified in Section 805.5 of the Code of Iowa. X SIGNATURE OF DEFENDANT 1, the undersigned Judicial Magistrate, r) � �p a to be lieve that the Def nd nt named n thecompla nt comm tt d the p bl c of offense cha9 SHHor v �! "1(3 jQ ,1Y313 Dated this day of Qf :G LI 20 4010tAL MAGISTRATE IOWA CITY POLICE ORIGINAL -COURT Iowa City Police Department On- Premises Liquor License Renewal Establishment name: Iowa City Fieldhouse� Address: 118 S Dubuque St Review Period: 1/9/2012 — 1/14/2013 c� =a A. On- premises Activity" 2_: Number of PAULA citations issued during twelve -month renewal period 0 : Number of citations issued for violation of section 4 -5 -7 of the City Code (Specials Restrictions) during twelve -month renewal period. —9_: Number of under -19/21 on premises citations issued during twelve -month renewal period. N Q W c r- crt —0_: Number of sales to minor citations issued during twelve -month renewal period. _6_: Number of other citations issued on premises during twelve -month renewal period. (Specify citations) Unlawful use DL = 3 Public Intox = 3 Assault w /Injury = 3* *3 Willful Injury Charges (all still pending) against employees show as arrests at different locations as they were arrested on warrants not at 118 S Dubuque B. Level of cooperation extended to police by bar employees: ❑ High x Medium ❑Low Factors indicative of cooperation include, but are not limited to: • timely response to requests for improvement made by Police Department • calls for assistance where appropriate before the situation gets "out of hand" • high attendance at TIPS training • fake IDs turned over to the Police Department _104_: Number of nuisance calls ** in and around the business during twelve -month renewal period: Alcohol Compliance = 2 Bar Check = 75 Fight =2 Out w /subject = 16 Armed Subject= 0 Intox Ped = 0 Assault =2 Vagrant = 0 Suspicious Subject = 1 Assist other Agency = 0 Harassment = 0 Theft = 4 Trespass = 1 Public Assist= 1 _0_: Number of fake or altered IDs turned in during twelve -month renewal period. —0_: Number of employees who have attended police TIPS training during twelve- month renewal period. M C. Additional Comments. (including any other relevant information re: guidelines for renewal approved by City Council): No background issues. ** Call for service numbers may not be 100% accurate. JECC has confusion with the exact location of the Fieldhouse, confusing it with the old Fieldhouse location and the University Fieldhouse Recreation Center. Police Department's liquor license renewal recommendation: YES x NO Annen /civilpenalties /FORM - ICPD liquor license renewal criteria ns 0 C) w rte^ CJ7