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HomeMy WebLinkAbout2013-10-15 CorrespondenceMarian Karr 2f_ From: Joseph M. Jason <jmj2400 @yahoo.com> Sent: Saturday, September 28, 2013 12:04 PM To: Council Subject: Fw: Trial - Daniel S. Jason - Criminalization of Asperger Syndrome In Iowa To:City Council of Iowa City: I am requesting that you make this letter part of the record for Iowa City. It documents the Crucifixion of Daniel S. Jason. It documents the Criminalization of Asperger Syndrome and mental illness. National organizations are aware of the pending trial on October 22, 2013. It will be a shameful event for Iowa City before the world and a higher power. Mr. Schemmel: Overzealous Prosecutors in Johnson County take care of the mentally ill problem by Joseph M. Jason - President NAMI RA Iowa prosecutors are intending to convict my son and send him to prison again for perhaps 55 years for non - violent crimes. The trial commences October 22, 2013. Recent actions of the prosecution in Iowa City are indicative of the criminalization of Asperger Syndrome. My son will be tried in October of 2013 for extortion and stalking. My son sent various emails and made two phone calls. These charges are a travesty. My wife and I met with the prosecutor in December of last year and explained Asperger Syndrome and mental illness. We explained that our son's behavior is childlike rather than criminal. We told them he needs treatment and not incarceration. We gave them a forensic psychiatrist's report that demonstrates he is not violent. He is a nuisance. We told them that his behavior according to Dr. Mills is typical of one with Asperger Syndrome. We told them he has an organic brain disorder. His criminal behavior consists only of phone calls and emails. This meeting has made no difference. If the Iowa prosecutor's office was serious about avoiding an expensive trial, they would have offered a humane plea agreement. Instead they offered an agreement of ten years. Perhaps the voters of Iowa should be told how much it has cost to prosecute and imprison Daniel in Iowa. The typical offender sitting in Johnson County right now has been charged with robbery, theft, murder, sexual abuse, domestic abuse assault, drug offenses etc. My son is not a thug, but yet will get the stiffest sentence out of all of them. It is the criminalization of Asperger Syndrome. A full one -third of the nation's states get a D or F grade for using mental health courts and crisis intervention teams (CIT) - diversion programs proven to reduce the criminalization of mental illness, the study found. Iowa received a well deserved F. "People with untreated psychiatric disease should be getting the treatment they need before law enforcement shows up at their door because of behaviors caused by their illness," said Doris A. Fuller, executive director. I had a deposition earlier this year recently and they tried to twist Dr. Mills' report. They not only want to lock him away for 55 years, but they extended the time period of the stalking to include the time he has been in jail. That is punishment fit for a major drug dealer and /or murderer. This case, as it always has, cries out for treatment and not incarceration. I have found a place for my son to live. It is called Trinity in Illinois and it is an excellent place for people with issues similar to my son. That is where he belongs. Daniel was living with us for the entire time and did not go to Iowa. This has not stopped the charges of stalking and extortion. This is not what our founding fathers envisioned that America should be. Daniel has already been in jail and prisons for most of the time since 2007. Dr. Mills has stated that Daniels's so called criminal conduct is caused by his Asperger Syndrome. "Mr. Jason cannot legitimately be considered morally responsible for his misconduct." Dr. Mills also states that "The lack of significant history of violence is important." As stated in the article, Forensic aspects of Asperger's Syndrome by Justin B. Barry -Walsh and Paul E. Mullen in the Journal of Forensic Psychiatry & Psychology, "It behooves us to draw to the court's attention the obvious: that patients with Asperger's Syndrome suffer from mental disorder and that their offending and subsequent disposition must be placed in this context. The core features of Asperger's Syndrome and how they determine what the individual knows and understand of the world should form a basis for sophisticated assessment of the issues of disability." .NAMI National, Senator Durbin, and Senator Harkin have been apprised of this situation.. The Autism Society of America believes this to be the most egregious case in the United States. Even Drew Peterson and other murderers have received less of a sentence than my son is facing. Daniel has a brain disorder and needs mental health treatment not incarceration. National organizations such as NAMI and CURE are following this trial. This typifies everything that is wrong in the State of Iowa regarding the Criminalization of the Mentally Ill and Asperger Syndrome. This Criminalization of the Mentally ill must be confronted and stopped. I have seen and heard the overzealous prosecutors. It took courageous people to say no to slavery in our history. We must say no to the incarceration of our non - violent mentally ill. This is my mission in life. "If societies are judged by how they treat their most disabled members. Our society will be judged harshly indeed," said E. Fuller Torrey M.D., a research psychiatrist and Treatment Advocacy Founder. A I (0 1 1 i]E] Notbttal Aftmw an M*nW Olt Joseph M. Jason, President NAMI BA (847)537 -3009 Member of Criminal Justice Advocacy for People with Mental Illness Board Member of CURE Illinois "If societies are judged by how they treat their most disabled members. Our society will be judged harshly indeed, "said E. Fuller Torrey M.D., a research psychiatrist and Treatment Advocacy Founder From: "Davis, Douglas [SPD]" <ddavis @spd. state. ia.us> To: Joseph M. Jason <jmj2400 @yahoo.com >; "m. hell ner @aol.com" <m.hellner @aol.com> Cc: "mjmills @forensicsciences.com" <mjmills @forensicsciences.com >; Madeleine Ward <madeoday @gmail.com >; "Schemmel, Timothy [SPD]" <TSchemmel @spd. state. ia.us >; "Dearden, Dick [LEGIS]" <dick.dearden @leg is.iowa.gov> Sent: Wednesday, September 25, 2013 8:27 AM Subject: RE: Trial - Daniel S. Jason Dear Joseph, Please be advised that I am no longer the attorney handling the case for Daniel as Mr. Schemmel from our office has returned to work. Since this was his case originally, it will be his case. Please contact Mr. Schemmel in the future with any questions and/or concerns you may have. Additionally, it is my understanding that it is the desire of your son to proceed with trial. We can only advise him as to whether or not to proceed after informing him of any plea offers extended by the prosecuting attorney which has been done. I wish you all the best, Doug Douglas Q. Davis II Office of the State Public Defender 215 Fourth Avenue SE Lattner Building, Ste. 300 Cedar Rapids, IA 52401 Tel. (319) 398 -3690, Ext. 219 Fax. (319) 366 -7876 ATTENTION: This document may contain confidential information and is intended for use only by the addressee or their representative. This email, including attachment is covered by the Electronic Communications Privacy Act, 18 USC Sections 2510 -2521. If you are not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this information is prohibited. If you have received this electronic transmission in error, please notify the sender immediately and delete the message. From: Joseph M. Jason [mailtoJmj2400 @yahoo.com] Sent: Tuesday, September 24, 2013 9:21 PM To: m.hellner @aol.com Cc: mjmills @forensicsciences.com; Madeleine Ward; Davis, Douglas [SPD] Subject: Trial- Daniel S. Jason Time is running out. This was updated yesterday. SCHEDULING ORDER. TRIAL SET TO BEG 10/22/13. PTC SET 10/11/13 9 AM. Joseph M. Jason, CPA, MST President NAMI Barrington Area Member of Criminal Justice Advocacy for People with Mental Illness Board Member of CURE Illinois r � F. ®-4 CITY OF IOWA CITY MEMORANDUM Date: October 9, 2013 To: Mr. Thomas Markus From: Chief Sam Hargadine Re: Staff response "Criminalization of Asperger Syndrome in Iowa This is an ongoing case that is being handled by the Johnson County Attorney's Office. I have been briefed by the investigating officer and by Ms. Lyness regarding the details and progress of the case. Between 2006 and 2009 we received nine separate violations of protective order complaints involving Daniel S. Jason. Mr. Jason was sentenced and incarcerated and upon his release in June of 2012 he is accused of contacting one of the victims from his previous cases violating a court order and condition of his release. The father, Joseph Jason has had several meetings with all of the stakeholders from the police department and County Attorney's Office. Marian Karr 242) From: Krissy Dallmann <krissydallmann @hotmail.com> Sent: Wednesday, October 02, 2013 9:30 AM To: Council Subject: Response to 10/1 Council Meeting on Gateway Project Dear City Council: I am concerned about comments made last night by Councilwoman Champion after the open discussion about the Gateway Project. She said that we should 'appreciate' all the work that City Staff has done, that the 15 foot ruler brought in was 'unnecessary' and that 'no one is going to raise the street that high.' It appears that Champion does not understand her own staffs' recommendation. If she did, she would understand that the 2008 + 1 plan would raise portions of Dubuque Street by at least 15 feet. If she does not understand this, it makes me question whether or not the rest of the council understands the full scope of this plan. And yet no one who lives in the affected area, who will experience the full impact of this project, will have an actual vote on which plan will be selected. We take a lot of pride in our neighborhood. It is not just an area of town. It is a community of people with a strong sense of place. It would be very regrettable if this project moves forward without full understanding by the council, and also without full engagement of the community members. Kristina Dallmann Ridge Road Resident Iowa City, Iowa Marian Karr From: Flora Cassiliano <FCassiliano @unfi.com> Sent: Thursday, October 03, 2013 1:29 PM To: Council Subject: Gateway project Hello — I'm writing to encourage the Council to consider a solution to Dubuque St flooding that keeps the current look of the entry to Iowa City. Right now Dubuque St. is the most beautiful way to come into town. Most of this view is beautiful because of the trees. The Spring, Summer and Fall colors make are very welcoming along the Iowa River. Also there is a lot of foot traffic in that area since it's been a lovely place to walk for exercise. I walk daily down Dubuque St. , into City Park, around and past. I support the 100 +1 Dubuque /200 +1 Through Arch Bridge idea. I hope this will come closest to meeting the flood and neighborhood needs. Thank you, Flora Cassiliano 219 Ronalds St. Iowa City The information contained in this communication is confidential, may be privileged pursuant to the attorney - client privilege and /or the work product doctrine, may constitute inside information, and is intended only for the use of the addressee. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, be advised that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please immediately notify the sender by return email or by calling (860) 779 -2800 ext 35555 and delete this communication and all copies, including all attachments. Marian Karr From: Matthew J. Hayek <mhayek @hhbmlaw.com> Sent: Thursday, October 03, 2013 3:27 PM To: Marian Karr Subject: FW: Iowa City Gateway- Dubuque Street Elevation Project (Gateway Project) - - - -- Original Message---- - From: Mike.LaPietra @dot.gov [mailto:Mike.LaPietra @dot.gov] Sent: Thursday, October 03, 2013 3:16 PM To: steve @stevetannen.com Cc: joe- coulter @uiowa.edu; Matthew J. Hayek; mcdonoughscottl @yahoo.com; tonycolby @msn.com; ofap @achp.gov; MaryAnn.Naber @dot.gov; ralph.christian @iowa.gov; matt.donovan @dot.iowa.gov; jseter @msn.com; johnfredericthomas @gmail.com; dcummins @pactiv.com; rick - dobyns @iowa - city.org; jim - throgmorton @iowa - city.org; matt -hayek @iowa - city.org; susan -mims @iowa - city.org; terry- dickens @iowa - city.org; michelle -payne @iowa - city.org; connie- champion @iowa - city.org; kfanizzo @achp.gov Subject: RE: Iowa City Gateway- Dubuque Street Elevation Project (Gateway Project) Steve, Section 106 has not been reopened at this time. FHWA, the ACHP, the DOT, SHPO and Iowa City are reviewing the project file at this time. We will discuss the file once the agencies have had a chance for a thorough review and determine how best to proceed. There is no reason at this point in time to think that an EIS will be necessary. Thanks, Mike La Pietra Environment and Realty Program Manager Iowa Division FHWA 105 6th Street Ames, IA 50010 (515) 233 -7302 - - - -- Original Message---- - From: steve tannen [mailto:steve @stevetannen.com] Sent: Wednesday, October 02, 2013 8:49 AM To: LaPietra, Mike (FHWA) Cc: joe- coulter @uiowa.edu; Matthew J. Hayek; scott mcdonough; ANTHONY COLBY; ofap @achp.gov; Naber, MaryAnn (FHWA); ralph.christian @iowa.gov; matt.donovan @dot.iowa.gov; jseter @msn.com; johnfredericthomas @gmail.com; dcummins @pactiv.com; rick - dobyns @iowa - city.org; jim - throgmorton @iowa - city.org; matt - hayek @iowa - city.org; susan- mims @iowa - city.org; terry- dickens @iowa - city.org; michelle- payne @iowa - city.org; connie- champion @iowa - city.org; kfanizzo @achp.gov Subject: RE: Iowa City Gateway- Dubuque Street Elevation Project (Gateway Project) Thank you for the information Mike. We were not aware and were not notified that the section 106 had been reopened. Will an EIS be required? As the process continues, we'd like to officially ask the FHWA, DOT, SHPO, City of Iowa City and ACHP to include local homeowners (including myself) as Consulting Parties, particularly those homeowners along Dubuque Street, Bella Vista, and the Northside who would be most affected. Sincerely, Steve Tannen Iowa City On Mon, September 30, 2013 1:19 pm, Mike.LaPietra @dot.gov wrote: > Steve, > FHWA has not received a FONSI to review at this time. FHWA and the > Iowa DOT are addressing Section 106 questions with our HQ office, SHPO, Iowa City and with the ACHP (Kelly Fanizzo). A FONSI will not be submitted to > my office for review until this matter has been settled. > Thanks, > Mike La Pietra > Environment and Realty Program Manager Iowa Division FHWA > 105 6th Street > Ames, IA 50010 > (515) 233 -7302 > - - - -- Original Message---- - > From: steve tannen [mailto:steve @stevetannen.com] > Sent: Monday, September 30, 2013 2:58 PM > To: LaPietra, Mike (FHWA) > Cc: Office of Federal Agency Programs; Naber, MaryAnn (FHWA); Ralph Christian; matt.donovan @dot.iowa.gov; jseter @msn.com; > johnfredericthomas @gmail.com; dcummins @pactiv.com; > rick- dobyns @iowa - city.org; jim- throgmorton @iowa - city.org; > matt -hayek @iowa - city.org; susan -mims @iowa - city.org; > terry- dickens @iowa - city.org; michelle -payne @iowa - city.org; > connie- champion @iowa- city.org; Kelly Yasaitis Fanizzo > Subject: Re: Iowa City Gateway- Dubuque Street Elevation Project (Gateway > Project) > Hi Mike, > We'd like to request an update. Was there any consideration given to > the ACHP letter? Was the FONSI approved? > Thank you. > Steve Tannen > Iowa City > On Fri, September 13, 2013 11:15 am, Office of Federal Agency Programs wrote: >> From: Office of Federal Agency Programs Advisory Council on Historic Preservation Attached is our letter on the subject undertaking. (in Adobe Acrobat PDF > format) >> If you have any questions concerning our letter, please contact: >> Kelly > Fanizzo >> 202) 606 -8507 >> kfanizzo @achp.gov >> Case # 7293 >> Note: Please do not reply to this email. >> A free copy of Adobe Acrobat Reader can be downloaded from: > www.adobe.com Marian Karr From: Bruce P. Ayati <bruce. ayati @g mail. com > Sent: Sunday, October 06, 2013 4:42 PM To: Council Cc: opinion @press - citizen.com; editorial @gazcomm.com Subject: "100 +1" is the best option for the Gateway Project. Dear Members of the Iowa City City Council: I am writing to urge strongly that you to choose the "100 +1" option for the Gateway Project. When compared to higher elevation options: 1) The 100 +1 plan will most likely give the most total days of road access. The 100 +1 plan would have prevented roughly 96% of the road closures over the last 20 years -- all but 7 days total, which is only about 8 hours a year on average of road closure. It is true that higher elevation plans would have prevented some of those 7 days of closure, but at 100 +1 we are far past the point of diminishing returns. For each additional day of flood - related closure that is prevented by raising the road even higher, many more days of road access will be lost to construction closures. The number of days of road closure or limited access for the different plans has not been presented as a factor in the decision - making process, when in fact it should be a major concern. 2) The 100 +1 plan costs less. This is not just in the current -- and continuously growing -- estimates, but also in realistic expectations of cost overruns. The amount of unanticipated total costs for a project is known to rise disproportionately with project complexity. 3) The 100 +1 plan will have the least environmental impact. The destruction of tall, 150 year -old trees has been essentially ignored. You simply cannot claim that two saplings or some grass is a meaningful replacement for an old growth tree. 4) The 100 +1 plan will have less impact on the homes along the planned Gateway. Even the 100 +1 plan will have significant detrimental impact to many homes along Dubuque Street. However, at 100 +1 there is a much greater chance that these homes will remain family homes. Bella Vista and North Linn in particular have relatively recently been revitalized, with a great increase in the number of families and children. All it takes is for a couple of smaller homes in the areas most egregiously affected by the Gateway Project to convert to non - family rentals for there to be a cascade effect. It would not take a great deal of "party" traffic for other homeowners in the area to move to nearby cities that are more responsive to the needs of families. 5) The 100 +1 plan will look more like a "gateway" and less like an elevated highway off -ramp. The higher the wall of concrete surrounding the river and City Park, the less inviting the entrance to our city. 6) The 100 +1 plan for Dubuque Street does not preclude a higher level replacement bridge. I ask the City Council to exercise your right to judgment on this matter, to take citizen input seriously, to understand that staff and consultants are not omniscient, and to come to a reasoned decision. I truly think the 100 +1 option is that reasoned decision. Sincerely, Bruce Ayati Iowa City Marian Karr From: Rasmussen, Maryann <maryann- rasmussen @uiowa.edu> Sent: Sunday, October 06, 2013 4:33 PM To: Council Subject: Gateway Project Importance: High Dear City Council Members: What I remember most when I moved to Iowa City in 1980 was the beauty of the Dubuque Street entrance from 1 -80. Friends and family who have visited me here since then have commented on how lovely and unique it is and I have said, with some pride now that I am a longtime resident, "I know." I also know something needs to be done to address the flooding that is surely the result of climate change, but it seems to me, after looking at all the data and weighing what the community will lose in other options, that raising Dubuque to 100 plus -one flood levels and building a new bridge to 200 plus -one will be entirely sufficient to avoid worse case scenarios, but also, most importantly, entirely smart given the enormity of the loss our community will suffer if we take more extreme measures. This is the entrance to our lovely, unique "Athens in the Midwest." It says who we are, what we care about, what we value. It says, look at these beautiful old trees, this magnificent bluff, and this stately river and park that are the gateway to our city. It says, Iowa is beautiful and our city a rare gem. Please do not mess this up! This beautiful entrance has been an historic part of Iowa City's identity and we need to value and protect it, not make it look like the off ramp to the Stevenson Expressway in Chicago. Please support RAISING DUBUQUE STREET TO 100 - PLUS -ONE FLOOD LEVELS AND BUILDING A NEW BRIDGE TO 200 - PLUS -ONE FLOOD LEVELS. Sincerely, Mary Ann Rasmussen 1346 E. Bloomington Marian Karr From: jesse.singerman @mchsi.com Sent: Sunday, October 06, 2013 10:18 AM To: Council Subject: Letter to City Council on Gateway Project - attached Attachments: Gateway Project October 6 letter to City Council. pdf Dear City Council Please see attached letter regarding the Gateway project. Thank you for your careful consideration. K. Jesse Singerman 219 Ronalds St. Iowa City, IA 52245 October 6, 2013 Dear City Council, Thank you for your questions and careful consideration of the Gateway project. It is encouraging to see our city leadership carefully thinking through the implications and pros and cons of different scenarios of this important project. I strongly support raising Dubuque St. only to the 100 +1 foot flood level. This provides more than adequate flood protection based on the information presented. At the same time it preserves access to the river for the Northside neighborhood, while also preserving the beauty and natural features of this entry way into Iowa City. At the same time, I would like to see an esthetically pleasing Park Road Bridge. It is obvious that the bridge needs to repaired or replaced, for example it is dangerous to meet a bicyclist on the narrow sidewalks of the bridge right now when crossing it on foot. There just isn't enough room for pedestrian and bike traffic on the current bridge. I support the solution that raises the Park Road Bridge to a 200 +1 foot level, which both reduces the backwater at Idyllwild and is the most complementary design with the new Hancher building. Finally, I support narrowing the horizontal dimensions of the street design elements. Dubuque Street is both an entry way to Iowa City and a residential street. Many people live on Dubuque Street and walk or bike to and from their homes to downtown, the river, the arts campus and City Park. Please preserve our access to our city by encouraging traffic to travel at a reasonable rate of speed and helping us to cross Dubuque Street without taking our lives in our hands as one must do in Coralville to cross Second Street or First Avenue. I believe the walkable character of our neighborhood is one of the most important elements preserving single family homes and reining in the number of houses converted to rental property and student housing. As a resident who will be profoundly affected by the construction and end result I appreciate these solutions which get the job done and also reduce the negative impact of the project on residents and shorten the duration of construction. Sincerely, K. Jesse Singerman 219 Ronalds St. Iowa City, IA 52245 Marian Karr From: john brandon <jbrandon1950 @fastmail.us> Sent: Sunday, October 06, 2013 4:57 PM To: Council Subject: gateway project Dear Members of the City Council, I am writing to urge you to strongly consider the 100 year + 1 foot plan for Dubuque Street. This option, in my opinion, will lessen the impact of flood mitigation on the Northside, will adequately protect the corridor from the most likely flood scenarios we will face in the future, and will result in a shorter period of the inevitable inconvenience that any construction project entails. Additionally, it will be far less costly when compared to the 500 year + 1 foot plan enabling the city to devote resources to other projects to improve our city. Sincerely, John Brandon 523 Brown Street john brandon ibrandon1950 @fastmail.us http: / /www.fastmail.fm - IMAP accessible web -mail Marian Karr From: Becky Popelka <btpopelka @g mail. com> Sent: Monday, October 07, 2013 1:37 PM To: Council Subject: The 100 +1 Option is the best choice for the Gateway Project Dear City Council Members, I am writing to voice my support for raising Dubuque street to the 100 year + 1 foot flood levels as a part of the Iowa City Gateway project and my opposition to raising the road to an elevation beyond the 100 year + 1 level. I believe the 100 +1 option provides by far the best compromise between the four most important factors in consideration for this project: flood alleviation and mitigation, cost, environmental impact and design and aesthetics. The 100 +l option would prevent road closures for all but a possible 6 or 7 days over the next 20 years. Those 6 or 7 days may well be prevented by additional hybrid flood mitigation systems such as invisible walls. The length of project construction time has, as of yet, not come up as a factor of consideration by the council, consultant, or city staff. However, it is likely whatever days of road access we gain by raising the road beyond the 100 +1 levels would be lost, due to added construction time. In all likelihood, the additional construction time to raise the road beyond the 100 +1 levels would exceed the 6 or 7 days that could potentially be lost to flooding over the next 20 years. The 100 +1 option is also the lowest cost option and does not preclude elevating the bridge to the 200 +1 option. Reason dictates that both environmental impact, cost and desired result must be carefully weighed in making a decision on this project. A highly desirable result of very few days of road closure due to flooding can be achieved with the 100 +1 option. At the same time, the 100 +1 option has the least environmental impact of any of the choices. Not only will this option help to save the old growth trees lining Dubuque street on the east side, it will decrease the impact on family homes in the Bella Vista and North Linn Area. If, as a result of the Gateway project the Bella Vista and North Linn neighborhoods are no longer desirable family homes (safety issues, walk - ability, road noise, decrease in property values, etc.), families will move out of the area and these beautiful historic homes will become rentals. I believe it is in Iowa City's best interest to keep families and professionals as residents in our historic neighborhoods. Finally - aesthetics and design must be considered for this project. We want a beautiful entrance to Iowa City that compliments City Park, The Riverside Globe Theater and Hancher. We do not want an interstate off -ramp with high cement retaining walls as the entrance to our city. I strongly urge the City Council members to consider the needs of both the residents of the most impacted neighborhoods, in addition to the needs of Iowa City businesses and Dubuque street commuters when voting on the Gateway project. The 100 +1 options meets the needs of everyone, and when construction time is factored in, provides the most days of access to Dubuque street. Thank you, Becky Popelka The community gives up much Becky Popelka k -8 Art Teacher Graphic Designer bnOOelka a beckvnonelkadesians.com beckypopelkadesi ng s.com 319- 899 -2078 Marian Karr From: lisa_heineman @world.oberlin.edu <Iisa.heineman @yahoo.corn> Sent: Monday, October 07, 2013 8:55 PM To: Council Subject: Dubuque Street elevation Dear Members of the City Council, As a long -time homeowner and parent in the North End, not far from Dubuque Street, I'm writing to urge you to adopt the 100 +1 plan for the Dubuque Street elevation and the 200 +1 plan for the Park Avenue Bridge. The 100 +1 plan would have eliminated approximately 96% of the days lost to flooding- related closures over the last 20 years. We can afford the other 4% in exchange for: 1) maintaining the woodland bluff character of the road, the mature trees, and the nesting ground for eagles, hawks, and owls, 2) maintaining the view from City Park - and thus preserving the character of one of Iowa City's most important recreational areas, 3) creating a aesthetically pleasing bridge to link to the new Hancher complex, 4) maintaining the North End as an attractive location for home ownership and not just student rentals, 5) keeping costs down - in the interests of all taxpayers, not just residents but also downtown businesses, 6) reducing the disruption of the road - building project by requiring 18,000 rather than 30,000 dump trucks filled with landfill to raise the road, 7) completing the project with a much lower carbon footprint Smart city planning means taking into account natural areas, environmental impact, and quality of life even as we undertake necessary upgrades. Thanks for your consideration, Lisa Heineman Marian Karr From: Hamilton, David B <david- hamilton @uiowa.edu> Sent: Tuesday, October 08, 2013 7:47 AM To: Council Subject: Gateway Project This correspondence will become a public record. October 8, 2013 Dear Council Members, After the 2008 flood the University decided "sustainability" should be a priority and made a few hires under that heading. It seemed a timely idea, studying to work with Nature rather than trying so hard to tame her. One good way to follow through on that brave notion would be with a compromise on the Gateway Project. Go for the lower level and accept on principle that while we can build to avoid some problems, once in a while we may have to settle back and watch Nature assert herself for a short time. In so doing we would also underscore the rights of citizens of far longer standing than ourselves, by which I mean some of the oldest and finest trees in town. They have long enjoyed a sustainable relationship with the river from their place on the side of that bluff. Now and then, some of them get their feet wet. So can we. David Hamilton 814 N. Linn St. Marian Karr From: John Thomas <joh nfredericthomas@g mail. com> Sent: Tuesday, October 08, 2013 7:08 AM To: Council Subject: Iowa City Gateway Attachments: 100 +1 Road -200 +1 Bridge.pdf Please include the attachment in the next City Council Information Packet. Thank you, John Thomas 509 Brown Street Iowa City October 7, 2013 Subject: Iowa City Gateway Project: Design Parameters From: John Thomas, 509 Brown Street, Iowa City Dear City Council Members, The Iowa City Gateway Project is an extraordinary opportunity to: • Dramatically improve the reliability of Dubuque Street • Reduce flood backwater rises created by the Park Road Bridge • Preserve and enhance the scenic character of Iowa City's only beautiful gateway The selection of the three design parameters for the Iowa City Gateway will lay the foundation for achieving these goals. Of the alternatives presented by Staff, I ask City Council to support: 1. Setting the roadway of Dubuque Street at the 100 -year flood plain + 1 -foot elevation 2. Setting the roadway of the Park Road Bridge at the 200 -year flood plain +1 -foot elevation 3. Selecting the through -arch bridge design The performance of these three parameters with respect to floodwater benefits has been well documented by Staff and eloquently expressed by the community. I would like to emphasize that this combination of parameters most effectively responds to the unique contextual character of the project area. The 100 +1 elevation for Dubuque and 200 +1 elevation for Park Road Bridge will best preserve and enhance the many natural, physical, cultural, and socio- economic resources identified in the Environmental Assessment. In addition to its beneficial flood backwater and roadway elevation effects, the through -arch bridge concept will compliment the design vocabulary of the new Hancher Auditorium, resulting in a unified architectural composition in a scenic natural setting. Sometimes, a catastrophic event like the 2008 Flood has a silver lining, providing an opportunity to improve upon the way certain things were done in the past. The Iowa City Gateway Project is such an opportunity, if we carefully balance the needs of the community, the environmental setting, and the transportation system. Marian Karr From: Lisa Smit- McDonough <Ismitmcdonough @gmail.com> Sent: Wednesday, October 09, 2013 4:04 PM To: Council Subject: Gateway Project Iowa City Council Members, We appreciate your time and dedication to serving Iowa City and its seemingly endless needs and opportunities. We want to share briefly why we suggest that you choose to adopt the 100 +1 option when determining the final face of the Gateway Project. This project has immense historic and future impact for this important entrance to Iowa City. While we are land- owners directly affected along Dubuque Street we both share a sense that this is a much bigger issue than the trees that we will lose on our property. We are not anti - change. We do not expect a solution that does not have significant impact to our exact property. But we do suggest that the 100 + 1 is the right choice for the gateway and will include details to enhance rather than destroy a beautiful and safe entry to Iowa City and the University of Iowa. We believe that creating a safe roadway for the students that utilize the walk ways and the vehicles that enter our downtown and University campus are the priority. Flood mitigation is also a recognizably important component. Road closures cause temporary inconvenience and they can expect to be diminished with the 100 + 1 plan. The council is in a position to make a reasonable decision that will work within the financial constraints of what will be a very complex project. We are active community members, property owners, tax payers, and we contribute to Iowa City as often as we can in many different ways. For the Gateway Project we are trusting you as a council to make a sound and thoughtful decision by accepting the 100 + 1 plan. Again thank you for your ongoing dedication to all issues in Iowa City. Sincerely, Lisa and Scott McDonough 10 Bella Vista Place Marian Karr From: Jennifer WAGNER <jseter @msn.com> Sent: Wednesday, October 09, 2013 4:46 PM To: ANTHONY COLBY; Council; Jennifer WAGNER Subject: RE: Dubuque Street Elevation Project/citizen comment Dear City Councilors, Thank you for the enormous amount of thought and research you have already put into the Dubuque Street Elevation Project - aka "Gateway." We respectfully request that all of you continue to think critically about the Staff presentation we all saw at the work sessions this past month. We are part of the neighborhood in which homeowners have been informed since April of this year that their own private land has the potential to be greatly impacted by this project. Since 2011, we had been told that impact would be "minimal." Since this summer, we have been proactively working toward a compromised solution that would minimize the impacts to the environment and to private property while still providing a safe and pragmatic outcome for flood mitigation. We believe such a compromise can be found in elevating Dubuque Street to the 100 +1 flood levels, and building a new bridge with a 200 +1 elevation. Here's why: * City engineers have presented the fact that the only way to predict future flooding is to look at past flooding. Per staff notes, if we had the 100 +1 elevation in place for the last 20 years, Dubuque Street would have been closed a mere 7 days. This is significant! Further - if we had additional coverage /temporary systems in the form of earthen berms or invisible walls - such as the one that Coralville is using all along First Avenue - those closures would likely have amounted to ZERO days. [And note we did not say "HESCO barriers" which we all agree would not be as cost - effective.] * The lower elevation will save the City millions (and millions) of dollars. Initially the costs were presented at $32 million vs. $40- million, depending on the elevation. But at the last work session, we were told by Staff that costs would be significantly higher than initially thought. The original estimates were for construction only and did not include final design, construction administration and inspection fees, according to the work session presenters. These soft costs will reportedly add $8 million to the total. * The lower elevation will save an enormous amount of mature trees. We know these trees. We see the eagles and the hawks perch in their giant canopies during the day, and we hear the owls there at night. Replacing one mature tree with a tiny sapling and grass is hardly a fair trade. * The lower elevation, per an email sent to us by City staff, would require 18,000 dump truck loads of fill - as opposed to around 30,000 dump truck loads for the higher elevations. These numbers are so huge one cannot even imagine them. But do try: 30,000 dump truck loads could mean 60,000 trips to and from Dubuque Street. On the highway? Through the city? Day and night? * The higher the elevation, the more noise will be distributed through the neighborhoods as 25,000 vehicles pass through every 24 -hour cycle. * The North Linn /Bella Vista neighborhood has blossomed from rentals and single- resident homes in 2000 to homes that are now filled with families who are fixing up their historic properties. That cycle will come to a grinding halt if higher elevations are realized - and the area will once again revert to rental - ville. * All homeowners in the neighborhood appear to be on board with the 100 +1 flood level elevations; this is a crucial part of the equation given the letter from the Advisory Council on Historic Preservation indicating that protocol WAS NOT FOLLOWED by the State DOT or the Federal Highway Administration in determining impact to these historic properties. The FONSI is delayed SPECIFICALLY because of of the ACHP's involvement - and given the federal shutdown, will be delayed even further. Homeowners have respectfully requested to be made consulting parties to the DOT and FHWA as they move forward with their pursuit of the FONSI. WE SUPPORT RAISING DUBUQUE STREET TO 100 - PLUS -ONE FLOOD LEVELS AND BUILDING A NEW BRIDGE TO 200 - PLUS -ONE FLOOD LEVELS. These elevations are entirely pragmatic given the reasons above - and keep in mind that even with these elevations, homeowners will be required to give up parts of their private land for the greater good of flood mitigation. Thank you, Jennifer Seter Wagner Dr. Tony Colby Marian Karr From: Sharon DeGraw <sharondegraw @yahoo.com> Sent: Wednesday, October 09, 2013 5:17 PM To: Council Subject: re: gateway project Attachments: deg rawlettergateway. pdf October 9, 2013 Dear Iowa City City Council Members, I'm writing in concern for the Gateway Project's Preferred Alternative Plan. I believe elevating Dubuque Street to the 100 + 1 foot level is the most judicious plan for spending tax payer dollars on this aspect of the Gateway project. This combined with a plan to use temporary flood barriers when needed would keep Dubuque Street dry in spring and summer for the majority of times when flooding is a concern. also hope you will consider building the new Park Road bridge to the 200 + 1 foot level. It would be a great improvement over our current bridge, would alleviate the majority of our backwater problems during flooding, and would work well with a 100 + 1 food elevation of Dubuque Street. If the City decides to go with the Preferred Alternative, I fear we will be over spending and over building along Iowa City's prettiest entrance into town. Thank you for your consideration. Sincerely yours, Shari DeGraw (letter attached) SHARI DEGRAW 519 BROWN STREET IOWA CITY IOWA 52245 PHONE: 319 - 936 -oo21 October 9, 2013 Dear Iowa City City Council Members, I'm writing in concern for the Gateway Project's Preferred Alternative Plan. I believe elevating Dubuque Street to the loo + 1 foot level is the most judicious plan for spending tax payer dollars on this aspect of the Gateway project. This combined with a plan to use temporary flood barriers when needed would keep Dubuque Street dry in spring and summer for the majority of times when flood- ing Is a concern. I also hope you will consider building the new Park Road bridge to the Zoo + 1 foot level. It would be a great improvement over our current bridge, would alleviate the majority of our backwater problems during flooding, and would work well with a loo + 1 food elevation of Dubuque Street. if the City decides to go with the Preferred Alternative, I fear we will be over spending and over building along Iowa City's prettiest entrance into town. Thank you for your consideration. Sincerely yours, Shari DeGraw Marian Karr From: MurphyGeerdes <mg9425 @mchsi.com> Sent: Wednesday, October 09, 2013 5:21 PM To: Council Subject: Gateway project Dear Council Members: For many reasons, I am not a fan of the Gateway project. I'd like the Council to get rid of the project to raise Dubuque St, or if it won't, at a minimum, to scale it back significantly. Property taxes in Iowa City are already high compared to surrounding areas, and I do not support general obligation bonds being issued for this project. I do recognize that city staff moved sales tax funding from the waste water plant project to the Gateway project in order to decrease the amount of general obligation bonds for this project; however, I suspect that the amount of general obligation bonds to be issued for the waste water plant will increase correspondingly over time. The property tax burden in Iowa City is likely only to get worse as the school district will have to try to bond to get the money it needs to complete its facilities plan and the county continues to press for a new jail. While some of us can itemize on our tax return to lessen the property tax burden, many cannot. I suspect that property taxes are especially burdensome for those older individuals who live on fixed incomes, have their homes paid off, and do not itemize. As you are aware, every dollar an Iowa City resident spends on property taxes means less money to spend elsewhere. With a significantly scaled back project, the City could extend Foster Road to Prairie du Chien to provide an emergency access in the unlikely event Dubuque Street was ever completely inaccessible for an extended period of time. I say unlikely event, because the corps is managing the water differently from 2008. Additionally, I commuted to the Quad Cities for work for over ten years using Dubuque Street and do not remember ever feeling unduly inconvenienced by flooding. For those occasions where there was water on Dubuque St., there were often still two lanes open or all four lanes would be open by evening. Construction on Dubuque to raise it will be far more disruptive than any flooding —the noise will be excruciating and the construction traffic abominable. The narrow Park Road to Rocky Shore, which I frequently make use of, was not conducive to the Hancher construction dump trucks zipping up and down its length, and the traffic from the Gateway traffic will be worse. Furthermore, in the unlikely event a large scale flood were to occur again, I doubt that safety personnel would permit vehicles to drive on even an elevated Dubuque St. Lots of towns have elevated large roads as their entrance; Iowa City provides those entering its city with a wonderful vista of the river, providing a unique opportunity for Iowa City to differentiate itself from other geographic areas. The Gateway project should not be so large that it destroys this vista. I'd also request that the Council consider the visual impact that a highly elevated Dubuque St. would have from the Iowa City Park side of the river and from the river itself —the shoreline should not be unattractive. Thank you for your attention to this matter. Sincerely, Mary Mary Murphy 890 Park Place Iowa City, Iowa 52246 3191400 -7464 mg9425 @mchsLcom To the city of Iowa City City Council Members: ,;:" CZ We express support for the Gateway project through this letter. The flooding of Dubuque Street is not a mere nuisance. Instead, it has a detrimental effect on the entire city of Iowa City, its residents, and surrounding residents. We are the members of the Home Owners' Association Board of the Peninsula Neighborhood. As residents of the Peninsula, we chose to live here in part because of the close access to downtown shops and businesses. We support those businesses and cannot do so when Dubuque Street is flooded. We invite you to drive through the neighborhoods west of the Dubuque Street and Foster Road intersection. These neighborhoods include the Peninsula Neighborhood. Our communities have grown by multiples since the flood of 2008. Growing neighborhoods in our area include the Peninsula, White Oak, Elk Run and Mackinaw Village. These neighborhoods represent an important constituency and property tax base for the City of Iowa City. When we walk Dubuque Street and the Park Avenue Bridge we see that these critical arteries in Iowa City are literally crumbling. The Park Avenue Bridge acts as a dam during flooding, and also is narrower than the flow of the water from the Iowa River. Therefore, the bridge, acting as a dam, creates flooding to the north on Dubuque Street and Foster Road. If Foster Road floods, there are several growing neighborhoods which completely lose access to transportation in or out of the neighborhood. Not only does this have a cost to the residents, but it has an enormous cost to the City of Iowa City, including the following: - Emergency services to our neighborhoods - Security services to our neighborhoods - Property hazards to our neighborhoods and law enforcement needs - The need for an emergency egress from our neighborhood. In the flood of 2008 individuals from our communities were forced to relocate. Because of the dramatic growth in our neighborhood, part of the Iowa City Planning and Zoning's planning and vision, our population is much larger. We have no idea how our neighborhood could be relocated and cared for in a flood. We request that you proceed promptly with the Gateway Project and make the bridge satisfy O S w ° -n �� o r- �rn _ rn a -.a We express support for the Gateway project through this letter. The flooding of Dubuque Street is not a mere nuisance. Instead, it has a detrimental effect on the entire city of Iowa City, its residents, and surrounding residents. We are the members of the Home Owners' Association Board of the Peninsula Neighborhood. As residents of the Peninsula, we chose to live here in part because of the close access to downtown shops and businesses. We support those businesses and cannot do so when Dubuque Street is flooded. We invite you to drive through the neighborhoods west of the Dubuque Street and Foster Road intersection. These neighborhoods include the Peninsula Neighborhood. Our communities have grown by multiples since the flood of 2008. Growing neighborhoods in our area include the Peninsula, White Oak, Elk Run and Mackinaw Village. These neighborhoods represent an important constituency and property tax base for the City of Iowa City. When we walk Dubuque Street and the Park Avenue Bridge we see that these critical arteries in Iowa City are literally crumbling. The Park Avenue Bridge acts as a dam during flooding, and also is narrower than the flow of the water from the Iowa River. Therefore, the bridge, acting as a dam, creates flooding to the north on Dubuque Street and Foster Road. If Foster Road floods, there are several growing neighborhoods which completely lose access to transportation in or out of the neighborhood. Not only does this have a cost to the residents, but it has an enormous cost to the City of Iowa City, including the following: - Emergency services to our neighborhoods - Security services to our neighborhoods - Property hazards to our neighborhoods and law enforcement needs - The need for an emergency egress from our neighborhood. In the flood of 2008 individuals from our communities were forced to relocate. Because of the dramatic growth in our neighborhood, part of the Iowa City Planning and Zoning's planning and vision, our population is much larger. We have no idea how our neighborhood could be relocated and cared for in a flood. We request that you proceed promptly with the Gateway Project and make the bridge satisfy the highest flood plain. That is, the 100 year flood plain level is inadequate. We support the building project recommended by the engineers — one foot over the 500 year flood plain. Wishing you well and respectfully submitted, Tony Weiler I kw�-� Chad Diefenderfer Lorie Schweer ie Higgi 9�-- � Amy Pretorius N 0 o u" o c7-C mac, o 3 rn _{� o� o Marian Karr 2f_ From: Hammer, Molly M <molly- hammer @uiowa.edu> Sent: Wednesday, October 02, 2013 2:51 PM To: Council Subject: Pending 21- Ordinance Vote Hello, My name is Molly Hammer and I am student researcher with the Iowa Policy Research Organization. We are currently putting together a report that provides an objective view of the information and data trends surrounding the 21- Ordinance. If possible I would like to clarify the information and data used by the City Council in materials that have been released as a response to the 21- Ordinance. Specifically the data (and comparison data) the City Council used in determining that the rate of Possession of Alcohol Under the Legal Age (PAULAs) was "very high ". Thank you, Molly M Hammer University of Iowa B.A. Ethics & Public Policy B.A. Journalism - Public Relations Expected May 2014 molly- hammer(cD-uiowa.edu CITY OF IOWA CITY 2f(4) MEMORANDUM Date: October 4th, 2013 To: City Clerk From: Darian Nagle -Gamm, Traffic Engineering Planner Re: Item for October 15th, 2013 City Council meeting; Removal of BUS STOP on the southeast corner of the Madison Street and Washington Street intersection; Removal of BUS STOP on Madison Street adjacent to the Lindquist Center; and establishment of a BUS STOP near the mid -point of the 100 block of Madison 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 (17, 10); Remove BUS STOP on the southeast corner of the Madison Street and Washington Street intersection; Remove BUS STOP on Madison Street adjacent to the Lindquist Center; and install a BUS STOP near the mid -point of the 100 block of Madison Street. Comment: This action is requested by the Transportation Services department to consolidate two bus stops into a single stop on Madison Street near the University Library. CITY OF IOWA CITY +0 -15 "13 MEMORANDUM � Date: October 4th, 2013 To: City Clerk From: Darian Nagle -Gamm, Traffic Engineering Planner Re: Item for October 15th, 2013 City Council meeting; Removal of two parking meters and installation of a NO PARKING CORNER TO HERE sign on the southeast corner of the intersection of Madison Street and Prentiss Street; Removal of two parking meters and installation of a BUS STOP on the southwest corner of the intersection of Madison Street and Capitol 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 (17, 10); Remove meters P29W and P31 and install a NO PARKING CORNER TO HERE sign on the southeast corner of the intersection of Madison Street and Prentiss Street; Remove meter numbers PW3 and P5W and install a BUS STOP on the southwest corner of the intersection of Madison Street and Capitol Street. Comment: These actions are being taken at the request of the Transportation Services department to establish a bus stop on the southwest corner of Madison Street and Capitol Street, and to allow adequate room for bus turning movements at the intersection of Madison Street and Prentiss Street. Marian Karr From: Charles Eastham <eastham @mchsi.com> Sent: Thursday, October 10, 2013 2:31 PM To: Council Cc: Marian Karr Subject: Regarding the proposed sale or dispersion of public housing units Members of the Iowa City Council, The Council has indicated that during its Work Session on October 15 it will again discuss the sale or dispersion of public housing units. In its report on "Racial Equity in Iowa City and Johnson County" of July 2013, The Coalition for Racial Justice called for performing a Racial Equity Impact Assessment before making significant changes to City programs to eliminate any inequities based on race or ethnic background stemming from the proposed change. The Iowa City Housing Authority's Annual Report of 2012 shows a participation rate in its programs by African American families of 34 %, significantly greater than the percentage of African American families in the population as a whole. It seems likely then that a racial equity impact assessment of any proposed sale or dispersion of public housing homes will show that African American families will be disproportionately impacted. The City would then need to engage in a collaborative process in conjunction with relevant community organizations and, specifically, with the people most affected by the sale or dispersion of affordable rental homes to determine their views about where they prefer to live so as to avoid any racial disparities stemming from the proposed change. In light of the circumstances and facts outlined above, the Coalition for Racial Justice calls upon the Iowa City Council to direct the City Manager to perform a thorough racial equity impact assessment of selling or dispersing public housing before engaging in any further consideration of the issue. Alecia Brooks, Marilyn Calkins, Kafi Dixon, Charlie Eastham, Karen Fox, Henri Harper, Polly Nichols - Marshall, Circe Stumbo, Rod Sullivan, Dorothy Whiston Joining together to promote racial justice through action, education and empowerment Marian Karr From: Josh Hurley <hurley.whiske r@yahoo.com> Date: October 10, 2013 8:56:03 PM CDT To: "'i� m -tro morton ,iowa- city.org" <'im- trogmorton(2iowa- city.org>, "susan- mims(2iowa- city.org" <susan- mimska iowa - cit .or >, " terry- dickenskiowa- city.org" <terry-dickenskiowa- cit .or >, "rick -dob ns ,iowa- city.org" <rick-dobyns@iowa- cit .or >, "michelle- payne@iowa- cit�org" <michelle- pUne@iowa- cit�org> Subject: Whiskey Jacks Saloon Reply -To: Josh Hurley < hurley.whiskeyriver(2yahoo.com> Members of the Iowa City Council, My name is Josh Hurley and I am writing you in regards to obtaining a license for a new bar /restaurant/live entertainment venue at 111 E. College St. I have been in communication with the landlord, Brad Houser, about the possibility of leasing out the space. _ I:_would: like to set up a time to meet and discuss my concept and plans for the site. I currently own /operate a similar concept in Madison, WI and have been in the industry for over 15 years. Would you please let me know the correct steps to take and whom I may need to contact to start this process. I would like to come into town and meet with as many of you as possible to discuss further. Thank you in advance for your time. Josh Hurley Whiskey Jacks Saloon 552 State St. Madison, WI 53703 414 - 745 -0081 --:z -Y (I) Marian Karr From: Tom Markus Sent: Friday, October 11, 2013 4:06 PM To: Marian Karr Subject: FW: obtaining a license for a new bar /restaurant in Iowa City Response to letter to council. From: Karen Howard Sent: Friday, October 11, 2013 3:14 PM To: 'hurley.whiskeyriver ,yahoo.com' Cc: Tom Markus; Geoff Fruin; Jeff Davidson; Bob Miklo; Sara Greenwood Hektoen; Eric Goers; Doug Boothroy Subject: obtaining a license for a new bar /restaurant in Iowa City Mr. Hurley, I have been asked to respond to your recent inquiry regarding the process to establish a new bar /restaurant/live entertainment venue at 111 E. College Street in downtown Iowa City. Due to the increase in the concentration of alcohol - related uses (bars and liquor stores) in Iowa City, particularly in the downtown area, and the increase in negative externalities associated with such uses, the City Council recently adopted minimum separation requirements for bars and liquor stores. If your proposed business meets the following definition, it would be considered a "drinking establishment" and be subject to the minimum separation requirement: Drinking Establishments: Any use that meets all of the defining characteristics listed in sub - subparagraphs (1), (2), and (3), below, is considered a Drinking Establishment for purposes of the Zoning ordinance: (1) The principal activity of the establishment is the preparation, dispensing and consumption of food and /or beverages; and (2) The establishment is licensed by the State for the sale of alcoholic beverages for on -site consumption, as defined by Iowa Code Chapter 123; and (3) The establishment is open for business on a regular basis any time between the hours of 12:00 AM and 2:00 AM. The property at 111 E: College Street is located in the Central Business District (CB -10 Zone). In this zone, a Drinking Establishment, as defined above, must be separated by a minimum distance of 500 feet from any other Drinking Establishment. If your proposed business meets the definition of a "drinking establishment," it would not be allowed at 111 E. College Street, since that property is within 500 feet of other drinking establishments. If you don't believe that your proposed business would meet the definition of a Drinking Establishment, please give me a call and we can discuss your proposal in more detail. For example, if you would like to open a restaurant that closes before midnight you could obtain a liquor license for that location. Regards, Koren Howard Department of Planning and Community Development 410 E. Washington Iowa City, Iowa 52240 (319) 356 -5251 karen - howard @iowa- city.org What: Appeal of denial of application for public assembly in Brookland Park Submitted: 10/09/2013 By: Anthony Browne /Hillery's BBQ Denied: 10/14/2013 Grounds for appeal: 1. Event will reasonably draw 2000 persons 2. Event is a community wide attraction 3. Park can support mobile vendors, if a generator is used. Anthony Browne /Hillery's BBQ will provide electrical generator N C1 © CD 41 *:K IC-) L M Marian Karr From: Eleanor M. Dilkes Sent: Monday, October 14, 2013 4:52 PM To: Marian Karr Subject: FW: permit application Attachments: 20131014154849145. pdf From: Mike Moran Sent: Monday, October 14, 2013 3:50 PM To: Anthony Browne (aabrowne @hillerysbbq.com) Cc: Tom Markus; Eleanor M. Dilkes Subject: permit application Mr. Browne, Here is your response for the Permit application you have submitted Michael Moran CPRP Director Parks and Recreation 220 S. Gilbert St. Iowa City, Iowa 52240 319 - 356 -5100 a r , Mjftm , NITA'z CITY OF IOWA CITY 6fvGt3 APPLICATION FOR PARADEIPUBLIC ASSEMBLY PERMIT (Note: A permit is not required unless the group using the streets, City Plaza, or the sidewalk has more than 25 people or unless the group using a park has more than 100 people.) If a parade or public assembly will be In on the sidewalks and /or streets and /or City Plaza, return the completed application to City Manager's Office, 410 E. Washington Street. Tel: 356 -5010. If a parade or public assembly solely will be in a park, return the completed application to the Parks/Forestry/CBD Division, 2275 S. Gilbert St. Tel. 356 -5107. 1. APPLICANT'S NAME: Anthony Browne /Hillery's BBQ 2. APPLICANT'S ADDRESS: PO BOX 66, Iowa City, Iowa, 52244 A 3. PHONE NUMBERIE -MAIL: 319.541.2149 _ v� 4. EVENT NAME: Iowa City Mobile Vendor Fest S. TYPE OF EVENT: (circle one) Parade Public Assembly 6. DATE OF EVENT: 10/26/2013 If morning game: Start Time: 9AM End Time: 5PM If night game: Start Time: 12:30PM End Time: 8:30PM (two hours before and after Iowa Hawkeye game) 7. EXPECTED NUMBER OF ATTENDEES: 2000 8. EVENT LOCATION: ( ) City Plaza - circle one of the following: Mini Park Fountain Multiple locations Area Area (include a map) ( ) City Street Name of street(s) and include a map (X) Park: Name of park: Brookland Park (See: map included) Note: Park shelters, ball fields and other facilities must be reserved separately by contacting the Park & Recreation Dept_ at 356 -5110. Name and contact information of person to be present at event and who will serve as the contact person(s) for the applicant at the proposed parade or public assembly. Contact Person: Anthony Browne 319.541.2149 9. List and describe all mechanical or electronic equipment to be used, including sound .amplification, and state where It will be located: Mobile vendor participants: i. Hillery's BBQ (food trailer) ii. Local Burrito (food truck) iii. Box Lunch (food truck) iv. La Michoactin (food truck) V. Marco's Grilled Cheese (food cart) vi. Pop's Italian Beef (food cart) vii. Paco's Taco's (food cart) viii. George's Gyros (food cart) ix. Cam -Roc (food cart) X. Moe's Eggstravagant (food cart) Microphone and amplification equipment for political speeches from Iowa City Council candidates running in the Iowa City November 2013 election: i. Rockne Cole ii. Kingsley Botchway ill. Rocyeann Porter iv. Catherine Champion V. Susan Mims vi. Terry Dickens The mechanical and electronic equipment will be located in the northeast portion of the park (circled on map). 10. State the number and type of any motor vehicles or other forms of transportation to be used including bicycles: Mobile vendor participants: i. Hillery's BBQ (food trailer) ii_ Local Burrito (food truck) ill. Box Lunch (food truck) iv. La Michoacan (food truck) V. Marco's Grilled Cheese (food cart) vi. Pop's Italian Beef (food cart) W. Paco's Taco's (food cart) viii. George's Gyros (food cart) ix. Corn -Roc (food cart) X. Moe's Eggstravagant (food cart) 11. State the number and type of any animals to be used: none 12. Will extra trash receptacles be needed? Yes X No_ If yes, how many: max 13. Proposal to monitor the event, Including the names of any person not employed by the City who will be responsible for setting up, cleaning up, or maintaining order and whether the police department will be needed to assist in maintaining order: Anthony Browne/Hillery's BBQ and any mobile vendor participants: i. Local Burrito (food truck) il. Box Lunch (food truck) ill. La Michoacan (food truck) iv. Marco's Grilled Cheese (food cart) V. Pop's Italian Beef (food cart) vi. Paco's Taco's (food cart) vii. George's Gyros (food cart) viii. Corn -Roc (food cart) ix. Moe's Eggstravagant (food cart) 14. Proposal for cleanup: Anthony Browne /Hillery's BBQ and any mobile vendor participants will clean up the location after the event. 1S. Is water connection requested? Yes X No If yes, explain for mobile vendors 16. Is electricity requested? Yes X No If yes, explain for mobile vendors 17. Describe any Items to be sold or distributed: Street food ADDITIONAL INFORMATION: The Iowa City Mobile Vendor Fest will be held to support and advocate for an expansion of the current downtown Iowa City mobile vending ordinance. The current ordinance only allows six food carts in City Plaza. All food trucks and trailers are excluded from operating on public property downtown, or anywhere in the city. Anthony Browne/Hillery's BBQ believes that the number of downtown mobile vendor permits should be increased. Anthony Browne/Hillery's BBQ believes that food trucks, trailers, kiosks, etc. should be included in the definition of an Iowa City mobile vendor. Anthony Browne /Hillery's BBQ believes that mobile vendors should be allowed to operate in other parts of the city. Anthony Browne /Hillery's BBQ believes that an increase in mobile vendors downtown would give the downtown area a vibrancy and energy that would increase the economic vitality of downtown. Anthony Browne/Hillery's BBQ believes that there is broad support by the Iowa City public for such a change in the ordinance. On the Inspire Downtown Iowa City website hosted by the city, the expansion of the mobile vending ordinance is one of the most popular issues with over 719 views as of this date (See: i'�r. ?. :`i`A/titi`�!J.IIaS ? fLvt J�aVilt�ll` �;"! 9�;- Ct�CT" 3i> 7! i'- ir3E:< r` E'; X1�i�i1!" s•- 1f31�173�:;..,/ E:" 1C�rt. z- f�Ctla: Yi? F+ �- 1�J�L8. r: c: d$ c_ is't.li�{�iS- r3T'3C�- i:1�;aSiCS Anthony Browne/Hillery's BBQ would like to organize the Iowa City Mobile Vendor Fest as a city wide event to support the economic vitality of downtown by encouraging the Iowa City Council to expand the mobile vending ordinance. In support thereof, Anthony Browne/Hillery's BBQ would like to invite the following licensed mobile vendors who currently operate in Iowa City: A. Local Burrito (food truck) xii. Box Lunch (food truck) xiii. La Michoac6na (food truck) xiv. Marco's Grilled Cheese (food cart) xv. Pop's Italian Beef (food cart) xvi. Paco's Taco's (food cart) xvii. George's Gyros (food cart) xviii. Com -Roc (food cart) xix. Moe's Eggstravagant (food cart) Local Burrito and Box Lunch have already indicated to Anthony Browne/Hillery's BBQ that they would participate. The other mobile vendors will be invited, if this permit is granted. Additionally, Anthony Browne/HiNery's BBQ would like to invite the following Iowa City Council candidates running in the Iowa City November 2013 election to speak on whether they support or oppose such a change in the mobile vending ordinance and their reasons therefore: vii. Rockne Cole viii. Kingsley Botchway ix. Rocyeann Porter X Catherine Champion A. Susan Mims xii. Terry Dickens Rockne Cole (Cole for Council) has indicated to Anthony Browne /Hillery's BBQ that he would like to participate. The other candidates will be invited, if this permit is granted. The current city council as well as the general public will of course be invited. We will provide information on our website: ;�:t t!_o�ci_r 3ct3v= _ {_"_' and generally increase awareness through a wide variety of means, should the permit be granted. Anthony Browne/Hillery's BBQ is organizing this event to bridge the gap and bring the community together to support mobile vending and discuss ways it could work effectively in downtown Iowa City. Mobile vending has been authorized by the Iowa City Council since 1982. It was apparently tolerated, but unregulated, for some time prior to that. The need for a change in the ordinance is apparent, especially in light of the changes being planned to the downtown streetscape. This event is being organized to support this end. Anthony Browne /Hillery's BBQ requests that the event therefore be granted the exemption to sell goods under § 10- 1 -2(E). If the applicant is not an individual, the person signing this application acknowledges that he or she has the authority to act on behalf of the group that is requesting the permit. A �. Law 0 V13 Signature of Ap icant Date / I , INDEMNIFICATION AGREEMENT If insurance is required, the applicant agrees to: pay on behalf of the City all sums which the City shall be obligated to pay by reason of any liability imposed upon the City for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or person, caused by accident or otherwise and shall defend at its own expense and on behalf of the City any claim against the City arising out of the use of public property and the public right of way. (non - University of Iowa events only) For University of Iowa Events, the applicant agrees to the following: In consideration of the City's grant of a permit to use City of Iowa City Streets, Public Grounds, Plaza, and /or Parks for the purposes specified in this application, The University of Iowa agrees that it will, to the extent permitted by State law, defend or provide a defense to the city, its officers, agents, and employees, against any and all claims, suits, actions, debts, damages, costs, charges, and personal injury, including death resulting directly or indirectly there from, arising from any act of negligence of The University, either active or passive, in using or supervising use of City of Iowa City Streets, Public Grounds, Plaza, and /or Parks by the applicant organization, its employees, officers, or members pursuant to the terms of, and for the purposes specified, in this application. If insurance is required, the applicant agrees to provide the certificate of insurance to the City by the last working day prior to the event. (For additional information on insurance, see "Parade and Public Assemblies Information Skeet.") � 11 4� - 1, 54,Wd Signature of Jplicant Date APPEAL RIGHTS Any party aggrieved by the City Manager's or designee's decision below to grant or deny a permit under this Chapter may appeal the determination to the City Council if, within five (5) working days after the decision, the party files a written notice of appeal with the City Clerk. In such event, a hearing shall be held by the City Council no later- than its next regularly scheduled meeting, assuming the appeal is filed in time to allow notice of said appeal in accordance with Chapter 21 of the Iowa Code. FOR CITY USE ONLY: NOTICE OF DECISION GRANTING OR DENYING THE APPLICATION The application is approved. The application is denied because X96,6 ATT A C m(kV City Manager or Designee Date Please Note: Any route changes after approval must be resubmitted to the City for review The application is denied for two reasons: 1. The City Code prohibits the use of public spaces (streets, sidewalks and parks) for commercial purposes unless the use is specifically allowed underthe City Code. Under Section 10 -1 -2E, no parade or public assembly permittee may sell a good or a service unless the event: 1) reasonably expects to draw more than five hundred (500) persons or occupy a substantial area within City Plaza or a similar area within the downtown; and 2) is a community wide attraction that supports the economic vitality of the downtown. The event is not reasonably expected to draw more than 500 persons. The event that will draw persons to the park is the Hawkeye football game. It is not a community wide attraction, such as the Jazz Fest, that will attract people to Iowa City. 2. Under Section 10- 1 -4A2, the area must be able to accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant. There is only 1 electrical outlet in the park, which won't support all the vending users. Please note that on Hawkeye game days, Sections 14 -4D -2 and 14 -4D -4 allow for limited commercial activity on Melrose Avenue pursuant to a special use permit. If you want to explore this, you should contact the Department of Housing and Inspection Services. Also please note that if you wish to host a candidate forum at the park on Oct. 25, you certainly can do so. If you wish to reserve the shelter for that, you can reserve online or by calling 356 -5110. Indoor venues include the Iowa City Public Library and the social hall at the Robert Lee Rec Center. City of Iowa City MEMORANDUM DATE: October 15, 2013 TO: City Council FROM: Eleanor Dilkes, City Attorneo� RE: Browne Appeal of Denial of Application for Use of Brookland Park You have received a copy of Mr. Browne's application and Director Moran's denial. After hearing from Mr. Browne and Mr. Moran you may affirm, reverse or modify the staff decision "based upon the standards" set forth in the City Code for the issuance or denial of a permit. See Section 10- 1 -5(B). To that end I am attaching copies of Sections 10 -1 -2, 10 -1 -3 and 10 -1- 4 of the City Code which detail the permit requirements and the standards on which your decision must be based. Cc: Applicant Anthony Browne (by e-mail) Tom Markus, City Manager Geoff Fruin, Asst. to the City Manager Marian Karr, City Clerk Mike Moran, Director of Parks and Recreation Sterling Codifiers, Inc. Page 2 of 4 3. Spontaneous events responding to news or affairs coming into public knowledge within three (3) days of such public assembly or parade provided that the organizer thereof gives written notice to the city manager or designee at least one hour prior to such parade or public assembly. (Ord. 04 -4125, 5 -4 -2004) 10 -1 -2: PERMIT AND COMPLIANCE REQUIRED: A. It shall be unlawful for any person or group of persons to engage in, present, conduct or stage a parade or public assembly without first having obtained a parade /public assembly permit as provided in this chapter. B. No person shall knowingly participate in or conduct a parade or public assembly unless a parade /public assembly permit has been obtained. C. All parades and public assemblies shall be conducted in accordance with the provisions of the parade /public assembly permit and shall be in compliance with all applicable state and local laws. No person shall knowingly fail to comply with the terms and conditions of a parade /public assembly permit. D. No person shall unreasonably hamper, obstruct, impede, or interfere with any parade or public assembly or with any person, vehicle or animal participating or used in any parade or public assembly. (Ord. 04 -4125, 5 -4 -2004) E. No parade or public assembly permittee may sell a good or a service unless the event: 1) reasonably expects to draw more than five hundred (500) persons or occupy a substantial area within City Plaza or a similar area within the downtown; and 2) is a community wide attraction that supports the economic vitality of the downtown. "Downtown" is defined in section 8 -5 -2 of this code. (Ord. 11 -4435, 6 -21 -2011) F. No parade or public assembly permittee may use amplified sound unless it either meets the criteria set forth in subsection E of this section or a business located in the downtown obtains a permit for musicians to perform on the sidewalk in front of the business. "Amplified sound" is defined in section 6 -4 -2 of this code. Notwithstanding the provisions herein, the director of the parks and recreation department may approve the use of amplified sound in city parks pursuant to written rules. (Ord. 11 -4435, 6 -21 -2011; amd. Ord. 13 -4521, 4 -9 -2013) http: / /www.sterlingcodifiers.com /codebook /printnow.php 10/15/2013 Sterling Codifiers, Inc. Page 3 of 4 10 -1 -3: APPLICATION FOR PERMIT: A. Filing Application: 1. An application for a parade /public assembly permit shall be filed with the city manager or designee by any person or group of persons desiring to use any public right of way as provided in this chapter. If the applicant is not a natural person, the applicant shall identify a natural person who has authority to act for the applicant with regard to the parade or public assembly. 2. All applications shall be filed at least three (3) working days in advance of the date of the requested use. 3. Applications shall be made on forms prepared by the city manager or designee. B. Application Form: The application form shall contain the following information: 1. Name and address of the applicant. 2. An acknowledgment to be signed by a natural person that he or she has authority to act on behalf of the group that is requesting the permit. 3. The type of event that is planned, namely parade, or public assembly. 4. Proposed location or locations. 5. Expected size of group. 6. Date, time and expected duration of the use. 7. Names and contact information of the person(s) to be present at and who will serve as the contact person(s) for the applicant at the proposed parade or public assembly. 8. List and description of mechanical or electronic equipment to be used, including sound amplification. 9. Number and type of any motor vehicles or other forms of transportation to be used, including bicycles. 10. Number and type of any animals to be used. 11. Proposal to monitor the event, including the names of any person not employed by the city who will be responsible for setting up, cleaning up, or maintaining order and whether the police department will be needed to assist in maintaining order. 12. Proposal for cleanup. 13. Except if the parade or public assembly is held entirely on a public sidewalk, on City Plaza, or in a park and does not require any equipment, cables, objects, structures, or similar items to be placed on the sidewalk, city plaza, or park an agreement in which the applicant shall http: / /www.sterlingcodifiers.com /codebook /printnow.php 10/15/2013 Sterling Codifiers, Inc. Page 4 of 4 agree to pay on behalf of the city all sums which the city shall be obligated to pay by reason of any liability imposed upon the city for damages of any kind resulting from use of public property and the public right of way, whether sustained by any person or persons, caused by accident or otherwise and shall defend at its own expense and on behalf of the city any claim against the city arising out of the use of public property and the public right of way. 14. Except if the parade or public assembly is held entirely on a public sidewalk, on city plaza, or in a park and does not require any equipment, cables, objects, structures, or similar items to be placed on the sidewalk, city plaza, or park, insurance is required in the reasonable amount necessary to minimize risk of harm to persons and property based on the nature and size of the event, as determined by the city's risk manager. The speech content of the parade or public assembly shall not be a factor in determining the amount of insurance. The insurance requirement may be waived if applicant demonstrates inability to obtain insurance or to pay the cost of insurance. 15. Any other information that the city manager or designee finds necessary. (Ord. 04 -4125, 5 -4 -2004) http: / /www.sterlingcodifiers.com /codebook /printnow.php 10/15/2013 Sterling Codifiers, Inc. 10 -1 -4: ISSUANCE OR DENIAL OF PERMIT: Page 1 of 2 A. Standards For Issuance Of Permit: The city manager or designee shall grant or deny the application for a permit in writing, which shall be mailed by ordinary mail or personally delivered to the applicant and stating the reasons therefor within seven (7) working days of the application being filed, and no later than the day prior to the event assuming the application is timely filed. The city manager or designee shall examine the application and shall grant a permit if the following conditions are met: 1. The use will not unreasonably interfere with the privacy, safety, security, convenience and tranquility of the residents or inhabitants of the area in light of the date and time of said proposed use. 2. The proposed public right of way can accommodate the group or use, based both on group size and on health and sanitation facilities, whether available or to be provided by applicant. 3. The proposed use or activity is compatible with the normal activity of the proposed public right of way at the requested time or date. 4. The application demonstrates the applicant has the means, planning and coordination to hold the proposed event, considering the time of day, location, public facilities available, traffic control, parking requirements and any monitoring required to protect the public health and safety. 5. The event will not interfere with either another event for which a permit has already been granted or an event organized and conducted by the city for the same date and time. 6. The use will not substantially interrupt the flow of street and /or pedestrian traffic'. 7. The use will not require the excessive diversion of police from other duties or substantially interfere with the city's firefighting operations. 8. The use does not create undue health or safety hazards. 9. All applicable fees have been paid. 10. The application is fully completed and executed. 11. The indemnification agreement has been signed, if applicable. 12. A certificate of insurance showing compliance with this section has been provided, if applicable. 13. The application contains no material falsehood or misrepresentation. 14. The applicant is legally competent to contract and to sue and be sued. 15. The applicant has not damaged city property, and if the applicant has, the damage has been paid in full, and has paid all other outstanding and unpaid debts to the city. 16. The use or activity intended by the applicant is not prohibited by law. http: / /www.sterlingcodifiers.com /codebook /printnow.php 10/15/2013 Sterling Codifiers, Inc. Page 2 of 2 17. The applicant paid cleanup costs, if any, within thirty (30) days of the date of invoice as the result of a previously issued permit. 18. Additional police protection, if required under this chapter, has been secured. B. Contents And Conditions Of Permit: The permit shall contain the following information: 1. Name, address, and telephone number of permittee. 2. Time, date and place of the permitted activity. 3. If a parade, the route and staging area. 4. Number of monitors or policing personnel required for safe use of the public right of way. 5. Such other information that the city manager or designee finds necessary for the enforcement of this chapter. (Ord. 04 -4125, 5 -4 -2004) http: / /www.sterlingcodifiers.com /codebook /printnow.php 10/15/2013 � A Q � M • • i owe • I 0 A Add, Vow'— r • 4-v � O's � a Pedestrian Directions (on foot) Get directions My places 17 c -0 1 Walking directions are in beta. Use caution — This route may be missing sidewalks or pedestrian paths. Suggested routes Melrose Ave and Melrose Ct 0.4 mi, 8 mins Melrose Ct 0 5 mi 9 mins Walking directions to Melrose Ct Hawkins Dr 1. Head south on Hawkins Dr toward Melrose Ave 31B n 41 2. Turn left onto Melrose Ave U mi r 3. Turn right onto Melrose Ct 026 fMelrose Ct Save to My Maps These directions are for planning purposes only. You my fib that construction projects, traffic, weather, or other events may cause condemns to differ from the map resuts, and you shoud plan your route accordingly . You must obey al signs or notices regarding your route.