HomeMy WebLinkAbout2014-02-18 CorrespondenceI
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State of the City Address
Mayor Matt Hayek
February 18, 2014
Good evening. It is my pleasure, along with my colleagues on the City Council, to present the 2014 State
of the City Address. I begin by recognizing my fellow councilors and thanking them for their
commitment to Iowa City. Mayor Pro Tem Susan Mims and council members Kingsley Botchway, Terry
Dickens, Rick Dobyns, Michelle Payne, and Jim Throgmorton all deserve thanks for their service to the
community. I also call attention to the hundreds of City employees who deliver high - quality services
throughout the community every hour of every day.
2013 was an encouraging year on many fronts. Iowa City continues to benefit from one of the lowest
unemployment rates in the nation. The most recent data show a rate of under three percent, which is the
fourth - lowest unemployment of any metropolitan area in the country.
Our exceptional quality of life is recognized nationally. Iowa City is consistently included in national
`top ten' lists, and recent acknowledgements include distinctions as one of America's best cities for
health, employment, volunteerism, retirement, public schools and so forth.
From our designation as the only UNESCO City of Literature in the western hemisphere, to our
community calendar with its nonstop artistic, athletic and academic programming, to our award winning
farmer's markets, Iowa City should be proud of its accomplishments. We are recognized as a great place
to have a career or start a business. And we are a popular destination for people of all ages, from students
to retirees.
While we are proud of these accomplishments, tonight's emphasis is about where we plan to go and how
we plan to get there. I will focus on three topics: first, the City's long -term planning to preserve and
strengthen its many qualities; second, the City's collaborative efforts with other government and nonprofit
entities, particularly in conjunction with planned neighborhood school construction; and third, the City's
ongoing work to strengthen its most important asset — our neighborhoods and the communities that build
them.
With respect to long -term planning, the Council recently updated the City's strategic plan. The plan is a
set of goals and values intended to guide our operational decisions. The goals include supporting healthy
neighborhoods, a strong urban core, strategic economic development, a solid financial foundation, and
enhanced communication. And weaving through those goals are two important values — inclusivity and
sustainability — that the Council identified at its recent strategic planning retreat.
Fundamental to sound long -term planning is the responsible stewardship of public resources. Iowa City's
economy fared comparatively well during the national economic downturn and has recovered at a quicker
pace than most communities. In fact, 2013 was a tremendous year for construction in Iowa City, with
permits issued for nearly $177 million in value, up nearly $70 million from 2012. This good news,
however, must be tempered with caution, as last year's property tax reform measures at the state level will
have serious and lasting effects on the City's ability to meet service demands. An initial projection
estimates that without a state backfill, the property tax changes will reduce revenue to the City by $50
million over the next ten years. Rather than wait for a crisis that would force immediate, deep cuts in
spending or service levels, the responsible approach is to plan now for the inevitable reduction in funding.
To that end, this year's budget will establish an emergency fund intended to smooth out the effects of
property tax reform and protect the City in the event that state backfill dollars do not materialize. While
this fund will not fundamentally alter the revenue - expense equation, it will help the City make prudent
moves in response to decreasing revenue, rather than immediate reductions in services.
This kind of deliberate financial planning has characterized City budget decisions in recent years and will
continue. Our careful planning has earned the City Moody's top bond rating — we are one of only four
cities in the state of Iowa and less than 200 nationally to hold this distinction. And this isn't an award to
hang on the wall — our bond rating saves taxpayers money in interest costs every time the City borrows
money. Our low levels of debt are a large component of our bond rating — outstanding debt is only about
a quarter of what is allowable by state law and has been declining in recent years. We have additional
internal policies limiting how much of the property tax levy can be used for debt service.
Transparency is absolutely necessary when managing public resources. The City was recognized again in
2013 by Sunshine Review, a national nonprofit dedicated to government transparency. We earned a
grade of A +; one of only 22 A+ City governments in the country. Our financial reporting was again
recognized by the Government Financial Officers Association — we earned the certificate of achievement
for excellence in financial reporting for the 28th consecutive year and the distinguished budget
presentation award for the second time. These awards are given for communicating all of the complicated
finances of the City to the public in a way that is accessible, useful, and transparent.
While our property tax rate has declined three consecutive years, it is still higher than most of our peer
communities. One reason other communities enjoy a lower tax rate than Iowa City is that they have
pursued a more diverse revenue stream, which lowers their dependence on property taxes and their
vulnerability to decisions made at the state level. The anticipated reduction in property taxes may force
Iowa City to consider revenue alternatives. For instance, of the largest cities in Iowa, Iowa City has one
of the lowest utility franchise fees. It is also one of the few that do not use a local option sales tax.
Responding adequately to the expected drop in tax revenue in coming years will require both a continued
tightening of our belt and exploring options to generate revenue independent of the taxable value of
property. We will not be able to balance our books and maintain existing service levels by either
enhancing revenue or making spending cuts. Good long -term planning will have to incorporate both.
While our new emergency fund may help this transition, there is little doubt that the drop in property
taxes will force us to craft a different and sustainable combination of property taxes, fees, and local option
revenue. We must keep this in mind as we make operational decisions in 2014 and budget decisions
moving forward.
Long -term infrastructure planning in Iowa City is still heavily influenced by the 2008 flood. Flood
recovery projects continue for both the City and the University and they are reshaping the face of the
community in many ways. We are completing the largest public works project in the City's history at the
South Wastewater Treatment Plant. The site where the recently decommissioned North Wastewater Plant
currently sits will become a waterfront park and a cornerstone of the Riverfront Crossings district just
south of downtown. This area will become a walkable, mixed -use neighborhood that capitalizes on its
proximity to trails, the river, and downtown amenities; encourages sustainable infrastructure and
lifestyles; and attracts and retains the kind of entrepreneurial spirit found in cities that thrive in today's
economy. The project also consolidates the City's wastewater treatment operations, removing them from
the flood plain, creating efficiencies, and increasing capacity for future growth.
As that large project nears completion, another begins its design phase. Though many tough decisions on
the Gateway Project await us, some critical design decisions were made recently that balance public
safety, cost, and aesthetic concerns. Recognizing that it is impossible to completely protect Dubuque
Street from all future flooding, the city council has agreed on a road and bridge height that will provide
the best balance of flood protection, avoidance of construction delays, aesthetic and neighborhood
concerns, and cost. We are excited to see the project move forward. When construction is complete, we
will see a Dubuque Street corridor less vulnerable to closure, an attractive new Park Road bridge, a
reduction in upstream flooding, and protection of the visual qualities that make this area so appealing.
One of the most important tools of local government is effective collaboration with other jurisdictions and
private organizations. By way of example, we recently announced a challenge grant in the amount of
$100,000 for the 1105 Project, which is a joint effort between social service agencies to improve service
delivery, efficiencies, and fiscal sustainability. The project is an indication that successful nonprofits and
government agencies have responded to financial pressures and can be a model for other operations. The
project includes the support of the four agencies housed in the 1105 building, the City's challenge grant,
additional block grant funding from the City, the County's sale of the building for only $1, corporate
sponsors, and individual donors. This project is a model of how cooperation can improve services in the
community.
Important collaborations with the Iowa City Community School District are also on the horizon.
Neighborhood schools are vital to supporting healthy neighborhoods. The school district has announced
plans for historic reconstruction of certain existing facilities, which will positively affect the City and
some of our treasured neighborhoods. Further, the City has annexed two parcels of land slated to house
new elementary schools on the south and east sides of town. Our capital improvement plan includes
funding to partner with the school district on an expanded gymnasium facility to be used by both students
and the neighborhood. It also includes projects to upgrade Sycamore Street and American Legion Road,
all designed to support the District's decision to invest in school facilities. Iowa City will benefit from
the new schools and the improvements planned for existing schools. We will remain a supportive partner
with the school district as these projects get underway.
An important focal point in the City's strategic plan is the building and preservation of healthy
neighborhoods and communities. In addition to neighborhood school projects, the City continues to
convert aging rental properties into affordable single - family homes through the.UniverCity Program. The
program has stimulated investment in homes and neighborhoods by owners, is helping to restore a
balance of renter and owner- occupied housing, can inspire neighboring property owners to make
improvements to their properties, and builds a stronger sense of community. To date, over $9 million has
been reinvested back into the community. The City also works to improve its neighborhoods through
low- or no- interest housing rehabilitation loans and programs such as the General Rehabilitation
Investment Program, Targeted Neighborhood Investment Program, and block grants. The Program for
Improving Neighborhoods also provides grant money for neighborhood improvement projects and events
sponsored through neighborhood associations. Examples include park improvements, landscaping, and
trail development in a variety of neighborhoods. This is yet another example of effective collaboration
between City government and residents.
A number of upcoming park projects will strengthen our neighborhoods. The City has budgeted to make
major improvements to at least one neighborhood park each year. Mercer Park's playground equipment
will be expanded. Willow Creek/Kiwanis Park will see upgrades. Soccer park improvements and
upgrades to City Park pool are in the works. Planned trail projects include extending the Iowa River Trail
from Benton Street to Sturgis Park, redesigning the Hickory Hill Trail, and annual funds to maintain and
expand intra -city bike trails. The Terry Trueblood Recreation Area on the south end of town is now
complete and boasts paddle boat rentals, concessions, and a park lodge that is becoming a popular venue
for events. Similarly, this year will see the opening of the Ned Ashton House, a 1947 structure near City
Park on the National Register of Historic Places that was purchased by the City as part of the flood
buyout process. With commanding views of the river, the facility is certain to become another popular
venue for weddings, receptions, and other events.
Lastly, building healthy neighborhoods involves more than providing desirable housing and recreation
options. It also means supporting a vibrant economy in which residents have access to employment
centers and diverse shopping choices. It is important that all areas of the City benefit from economic
growth so that residents in every neighborhood have conveniently accessible work opportunities. Though
the downtown will always be an important economic development district and is currently undergoing
planning for streetscape enhancements, the City has made a concerted effort to encourage development
throughout the community to achieve a more balanced mix of uses. We have made tremendous
investments in Towncrest on the east side and Riverfront Crossings to the south of downtown. In
Towncrest, medical office buildings were recently constructed with City support and William Street
improvements will be completed this year. Riverfront Crossings will soon see a great deal of
development as a bank building, parking garage, and U of I School of Music facility all get underway.
The removal of the North Wastewater Treatment Plant and the creation of the new riverfront park will act
as a catalyst to encourage other development in the area. The Highway 6 corridor will see numerous
development projects, and large infrastructure projects in the southeast district are nearing completion.
Through encouraging a healthy job market City -wide, we are helping to support healthy neighborhoods.
While the strategic plan is a roadmap intended to help us define where we want to go as a community and
identify how we want to get there, we must also emphasize our commitment to core services. Being
strategic with economic development projects and improving our communication efforts will help us
promote the kind of community we desire. But there is no substitute for maintaining strong basic
infrastructure like water, sewer, roads, and public safety. Healthy neighborhoods, economic growth, and
financial stability all require that basic utility and transportation needs be met. All Iowa Citians should be
confident in the ability of their local government to provide safe neighborhoods and well- maintained
infrastructure in a manner that will benefit generations to come.
Iowa City is a special place that we are all proud to call home. With great schools, beautiful
neighborhoods, a strong economy, and a vibrant, diverse culture it is easy to understand why. Though
property tax changes will pose serious financial challenges in the coming years, we are resolved to
address them prudently and I am confident Iowa City will continue to be an excellent place to live and do
business. On behalf of the City Council and City staff, I thank our community for its continued
engagement, cooperation, and support.
5f(1)
Marian Karr
From: cyclophil @aol.com
Sent: Sunday, January 19, 2014 5:08 PM
To: Council
Subject: Market and Jefferson Streets
To the City Council of Iowa City:
This message is to express my great concern about the possibility that you may convert Market and Jefferson streets from
one -way into two -way streets to make them more convenient for bicyclists, as reported in the Press - Citizen a week or
so ago. I have lived east of downtown and commuted to and from the University of Iowa on those two streets for over 40
years. I have always been impressed with how well the traffic flows with the timed lights on both streets, allowing a
relatively unimpeded trip, and particularly saving the gasoline that would be consumed by frequent stops. I also believe
that we drivers should share these streets with bicyclists, but I strongly believe that the best way for this to be done
safely is for the city to provide smoother pavement for the marked bike lanes and to maintain them in the winter equally
with the main part of the streets. If these two streets are made two -way streets, they are not wide enough to have left -
hand turn lanes separate from the two opposing through- traffic lanes and even one bike lane. In this situation, the
likelihood of cars making left -hand turns from both directions at most any of the many intersections on both streets would
cause traffic to back up in both lanes. This would also slow down the bicycle traffic and more significantly, make it more
dangerous for bicycles to cross the side streets when both their and the drivers' vision is blocked by the backed -up
traffic. Also, on both the Jefferson and Market Street hills just east of Madison Street, even one -way traffic can be dicey
in the winter after any type of snowfall or thawing and freezing make them slippery, and cars often slide a bit into the
adjacent lanes while going up or down the hills. Two -way traffic on both those hills would be a recipe for disaster in this
kind of weather. I strongly urge you to leave both streets one -way for car traffic, but to improve the bike lanes on both
streets, in order to maintain safer and more economical conditions for both types of traffic.
Thank you,
Philip H. Heckel
29 Brookfield Drive
Marian Karr 5f(2)
From: Ron Knoche
Sent: Tuesday, January 21, 2014 8:49 AM
To: 'brianfahey60 @g mail. com'; Council
Cc: Marian Karr; Geoff Fruin; Rick Fosse
Subject: RE: Feasibility of Left Turn Light at Mormon Trek and Benton Streets
Mr. Fahey:
Thank you for your inquiry into the feasibility of a left turn lane at the Mormon Trek Boulevard and Benton Street
intersection. This project is included in the proposed Capital Improvements Plan. The project is scheduled for FY 2016
(July 2015 -June 2016). The design would be done in 2015 with construction in 2016.
If you have any further questions, please feel free to contact me.
Sincerely,
Ron
Ronald R. Knoche, PE
City Engineer
City of Iowa City
410 East Washington Street
Iowa City, Iowa
Email: ron- knoche @iowa- city.org
Phone: (319) 356 -5138
Cell: (319) 430 -3625
Fax: (319) 356 -5007
Website: www.icgov.or�
ABE GREEN — Please consider the environment before printing this e-mail.
From: Brian Fahey [mai Ito: bria nfahey60@gmaii.com]
Sent: Friday, January 17, 2014 5:41 PM
To: Council
Subject: Feasibility of Left Turn Light at Mormon Trek and Benton Streets
Good Evening,
Due to heavy traffic at times, what is the feasibility of constructing a left turn lane and light for the intersection
of Mormon Trek and Benton Streets, near the gas station?
Thank you,
Brian Fahey
Marian Karr
From: lucyapple@mediacombb.net
Sent: Wednesday, January 22, 2014 8:16 PM
To: Council
Subject: Gateway Project - Myers
Dear City Council,
Thank you for your vigorous study and review of the Gateway Project options, your work with city departments
to gather the information you needed, and your willingness to listen to all stakeholders and balance their
interests.
I was pleased by your thoughtful questions and support for the 100 + 1 roadway option; as well as your
selection of a 200 +1, through -arch bridge (quite lovely).
These three choices should reduce road flooding, improve drainage and give us a safe and beautiful bridge
without sacrificing neighborhoods, overbuilding automobile infrastructure or making the Iowa River flood plain
dysfunctional. A city that tries to incorporate the free work that rivers do into infrastructure design and flood -
control, is truly a progressive and modern place to live.
I look forward to being involved in the upcoming design, along with other stakeholders. Thank you again!
Julie Myers
Marian Karr
From: Jesse Singerman <jesse.singerman @mchsi.com>
Sent: Monday, January 27, 2014 5:03 PM
To: Council
Subject: Thank you for your decision on the Gateway project
This correspondence will become a public record.
Dear Iowa City Council members-
Thank you for listening to community input and for the careful consideration you gave to the Gateway Project. I
think you made the best of a difficult decision and balanced a complicated set of community needs.
Thank you for your time and attention.
Jesse Singerman
219 Ronalds St.
Iowa City, IA 52245
Marian Karr
From: MECrawford @aol.com
Sent: Wednesday, January 29, 2014 12:18 PM
To: Council; Tom Markus
Cc: Kurtkimmel @aol.com; layton.olson @byetm.com; TMChait @aol.com; CLINESALLY @cs.com
Subject: Decision on Park Street bridge
City Council,
Following your decision to not build the Taft Speedway levee and provide flood protection to the 92
homes in Idyllwild, as well as access to the Peninsula community, I have not bothered you with my
opinions on issues before the Council. I am pleased to see you moving forward on providing some
future flood protection with your Dubuque Street and Park Street bridge projects. However, I am
disappointed in your decision relative to the bridge. Looking at the data provided to the Council, the
deck girder bridge would apparently provide better flood control than the deck arch bridge. That
being the case, why would the Council not want to make the right decision, and in this way finally
provide some protection to our area of the City? I urge you to reconsider your choice in bridge
selection for Park Street. It would seem to be a relatively easy decision, that some day could prove to
be extremely significant.
Mike Crawford
54 Pentire Circle
Iowa City, Iowa 52245
319- 621 -5326
S- ;�� )
Marian Karr
From:
Terri Miller Chait <tmchait @g mail. com>
Sent:
Saturday, February 15, 2014 12:36 PM
To:
Council; Tom Markus
Subject:
Park Road Bridge
Dear Mayor, City Council, and City Manager,
It was extremely disappointing that the grant money to build a levee to protect the 92 homes at Idyllwild was
returned and that this was done without a discussion of other less "invasive" possibilities that would provide
some protection from future flooding in this area.
Now there is another opportunity to affect future flooding in this area with the replacement of Park Road
Bridge. I urge you to make the choice that maximizes flood protection. The protection of property should be
a priority over the aesthetics of the bridge. As the study that was done shows that the deck girder bridge
would provide better flood control than the deck arch bridge, this seems to be a clear decision. Please
reconsider and provide the most protection possible. It would seem to be a relatively easy decision, which some
day could prove to be extremely significant.
Thank you.
Terri Miller Chait
Terri Miller Chait
Idyllwild Development II, Inc.
218 E Washington Street
Iowa City, IA 52240
office 319 - 338 -0354
cell 319 -530 -7052
www.IdyllwildCondominiums.com
Marian Karr 5f_=
From: Rick Fosse
Sent: Tuesday, January 28, 2014 2:16 PM
To: '_Andy Ockenfels'; Tom Markus; Council M
Cc: egan Jasin, Marketing and Communications Coordinator; Bill Lundberg; Marian Karr
Subject: RE: Introduction - City Carton offer to assist as stakeholder
Mr. Ockenfels:
Thank you for your e-mail regarding the Fiberight proposal and your offer to participate in a local stakeholders
committee. Also, thank you for noting that City Carton Recycling, as part of the current waste management system, has
a long standing and vested interest in this topic.
You point out that you believe there are still areas that can be improved to recycle more material that is currently being
landfilled. There are two things to note in this regard. First, based on our understanding of the Fiberight process,
recycling and Fiberight are not mutually exclusive operations, so proceeding with Fiberight would not preclude such
efforts. Second, the Fiberight process will remove additional recyclables from the waste stream that are currently being
landfilled, thereby advancing the goal that you advocate. The process also proposes to eliminate an estimated 75 -80%
of what is currently landfilled and to convert that material to biofuel. If successful, this is a dramatic step in solid waste
reduction and represents a sharp contrast to the incremental steps to improve recycling that we have been focused on
for the past two decades that have netted only a 33.6% reduction.
As responded to Council, we think we are better served at this time by working our way through the existing proposal to
make sure we have a complete understanding of the proposal before returning it to Council. Keep in mind that we have
hired GBB Solid Waste Management Consultants to assist us in this process. GBB brings 34 years of experience on solid
waste management projects to the table. Once returned to Council, they can determine what process they wish
to follow in vetting the consideration of a different waste stream management system or decide not to proceed. If
Council wishes to further review the Fiberight proposal it will be their call as to whether they decide to utilize a
committee or not. In the meantime, you are certainly encouraged and invited to forward any specific questions or
concerns you might have regarding this proposal. We will attempt to consider those questions and comments in our
review of the Fiberight proposal.
Sincerely,
Tom Markus, City Manager
Rick Fosse, Public Works Director
From: _Andy Ockenfels [ mailto:AOckenfels @CityCarton.com]
Sent: Tuesday, January 21, 2014 1:48 PM
To: Tom Markus; Rick Fosse; Council
Cc: Megan Jasin, Marketing and Communications Coordinator; Bill Lundberg; Andy Ockenfels
Subject: Introduction - City Carton offer to assist as stakeholder
Mr. Markus:
Thanks for your service to the City of Iowa City. I truly appreciate the time and effort each Council Member
and City Team member puts in to make Iowa City the City we can all be proud of.
City Carton Recycling would like to volunteer to participate in local stakeholders committee once established.
I encourage the Council to change from "could" establish a local committee to "would" establish a local
committee. Establishing the stakeholders group now, I believe, would help to reduce concerns brought to our
attention and funnel them towards a stakeholders group to be discussed in one forum Vs at each individual
Council meeting.
City Carton Recycling has been an active business in Iowa City since 1967, with our corporate home office
located at 3 East Benton Street. We have worked with the Iowa City recycling program to purchase, process and
market the recyclables collected at the drop boxes and curbside since both projects got started. We are
extremely proud of the recycling efforts in this community and honored to be a part of it for all these years.
As a founding member of the Iowa Recycling Association and past President, I have spent the past 30 years in
the recycling industry and extremely proud of the continuous drive Iowa City has taken to move material into
the recycling stream and out of the landfill. There are still areas we can improve on to recycle more material
currently being landfilled into their "highest and best use" end market before taking the steps to transfer waste
material out of county, to one time end use, waste to energy market place.
I look forward to working with Team on their comprehensive waste management plan that provides value long
term for all residents, businesses and customers using the Iowa City Landfill.
Check out our new website: www.citvcarton.com
Andy Ockenfels
CEO
City Carton Recycling
AndyOckenfelsgCityCarton.com
319- 248 -5154
Date: January 15, 2014
To: Mayor and City Council
From: Marian K. Karr, City Clerk
Re: Council Work Session, January 7, 2014, 5:OOPM in Emma J. Harvat Hall
Council:
UISG:
Staff:
Botchway, Dickens (5:08), Dobyns, Hayek, Mims, Payne, Throgmorton
Bramel
Markus, Fruin, Dilkes, Karr, Adhikari, Fosse, Clark, Davidson, Bockenstedt,
Schaul, Moran, Eidahl
A transcription and power points are available in the City Clerk's Office and the City website.
QUESTIONS FROM COUNCIL REGARDING AGENDA ITEMS
1. (Consent Calendar item# 2f(6)- correspondence re Fiberight ( Fiberright) by contract)
In response to Council Member Throgmorton, City Manager Markus stated Council could
pursue the establishment of a committee of local stakeholders when additional
information and research had been received. Public Works Dir. Fosse indicated staff
was looking at having something back to Council early summer. City Manager Markus
stated the information would include responses to questions raised by Council and the
public, and encouraged anyone with questions to send to the Public Works Director
(Fosse) or himself to include in the information provided this summer.
Marian Karr 5f(5)
From:
Josh Eklow <josheklow @gmail.com>
Sent:
Friday, January 31, 2014 9:12 PM
To:
Council
Subject:
We can and must end our tenure as the most racist state in our nation's war on drugs.
I have been proud to call Iowa my home for almost 10 years. During my time here, I have been proud to be a
part of massive change, both in the state and in our country. When it comes to civil rights, Iowa has often led
the charge, and I have always been proud to tout our progressive politics to out -of -state friends.
The lists of firsts for Iowa is something we can and should all be proud of. For example, Iowa removed its ban
on inter - racial marriage over 100 years before the rest of the US.
I was quite dismayed, however, and have been, to read about our state's refusal to address and correct our racist
enforcement of cannabis prohibition. Again, Iowa leads the nation, unfortunately, with the largest racial
disparity rate in the entire country for marijuana possession arrests. A black person is more than 8 times more
likely to be arrested for something that is legal in many places and decriminalized in still more.
It should not be surprising, I suppose, that the numbers look like this, as the law itself was schemed up by an
outspoken racist, Harry Anslinger, who, among other quotations that Iowa City -zens would undoubtedly not be
proud to associate with, said "[r]eefer makes darkies think they're as good as white men."
Our state and, more sadly, our city's continued support for inherently racist policing is a stain on an otherwise
truly inspirational record of leading the march of civil rights in the United States.
If leaders at the state level, such as Governor Branstad and Sen. Chuck Grassley, refuse to end their support of a
policy that is and was always intended to be racist, please, let Iowa City lead the rest of our great state. Please
do not support any application this year for the Edward J. Byrne grant.
Please do not encourage our law enforcement to waste another cent searching for people using cannabis in the
privacy of their own homes while winking at the giant open container that is Kinnick stadium every Saturday
during football season. Our tolerance of dangerous and public alcohol abuse has led to the University's dubious
honor of being the #1 party school, a title many might consider another stain on our reputation or, at least, a
symptom of Iowa City's problem with alcohol. This part of our culture is not going away any time soon, nor
does anyone actually seem interested, giving lip service to a search for alternatives to alcohol, while seeking out
and hunting down those who have already found it, quietly hiding in their homes until the tide of drunken
violence that fills our town washes away.
I, for one, am tired of being encouraged to binge drink, surrounded by happy hours and drink specials, legally
and cheaply poisoning myself, all the while wishing that I could make a healthier and safer choice.
When it came to other civil rights victories, Iowa's moves have inspired others. If Iowa can do it, they said, why
can't we? It is time for us to do what we can to end the institutionalized discrimination that is the drug war, and
stop letting it happen in our, usually, proud name.
The people of Iowa City have continually made it clear that they do not want to be complicit in such practices,
and it is your duty as our elected city council to end discriminatory policing and jailing.
Make us proud again,
Josh Eklow
Marian Karr 5f(6)
From:
Sam Hargadine
Sent:
Monday, February 10, 2014 1:59 PM
To:
'John Deeth; Council
Cc:
Charis Carlson, Jeff
Subject:
RE: Media inquiry: Followup on Feb. 10 press release
Mr. Deeth,
The birth dates for the actor(s) are:
November 2013 sting
Nov. 5, 1993
Apr 29, 1994
February 2014 sting
Nov. 5, 1993
Both actors were 20 years of age when the alcohol purchases were made. Only one actor was utilized in the latest
compliance check.
Regards,
Samuel E..3stavgacdifw
Chief of Police
Iowa City Police Department
410 E. Washington St.
Iowa City, IA 52240 -1826
From: John Deeth [mailto:jdeeth @mchsi.com]
Sent: Monday, February 10, 2014 12:48 PM
To: Sam Hargadine; Council
Cc: Charis Carlson, Jeff
Subject: Media inquiry: Followup on Feb. 10 press release
Dear Chief Hargadine:
Your press release of February 10 re: the undercover alcohol compliance sting goes into great detail about the
specific businesses targeted and the rationale behind the program and grant. However, it omits a key detail: the
age of the buyers.
It would help the public evaluate the program if we knew whether the undercover buyers were 16 year old
juveniles or 20 year 10 month old adults with the right to enlist, marry, sign binding contracts, and otherwise
able to enjoy all the rights of adulthood with the sole exception of alcohol.
Therefore, I request the birth dates of the undercover buyers, in order to calculate their ages. I also request that,
if the program continues, such information be included in future releases.
Please note that all followups may be published.
John Deeth, freelance journalist
cc: City council
Jeff Charis - Carlson
Marian Karr 5f(7)
From:
Center for Worker Justice <info @cwjiowa.org>
Sent:
Monday, February 10, 2014 5:58 PM
To:
Council
Cc:
centerforworkerjustice @gmail.com; Misty Rebik
Subject:
Community ID Program
Attachments:
CWJ Community ID Position.pdf
Dear Iowa City City Council,
After many conversations with immigrant and low -wage workers in the last few months, and after the release of
the report produced by the University of Iowa Law Students, CWJ released its position on the Community ID
Program last week. CWJ leaders participated in the report by assisting in collecting 233 surveys in just two
weeks, were 90 % of the respondents showed they would use a community ID card. We are excited to see the
report was embraced by the Iowa City Human Rights Commission, and today the Press - Citizen endorsed the
idea of a community ID program here.
Please find attached to this email our official statement on the Community ID Program. Please include our
statement in any packets addressed to the City Council for future work/public meetings.
We look forward to continuing conversations about how our community can make a Community ID program
possible.
Sincerely,
Misty Rebik
Misty Rebik
Executive Director
Center for Worker Justice
(319) 594 -7593
mistygcwjiowa.org
Follow us on Facebook:
www.facebook.com/centerforworkeriusticeofeastemiowa
Board of Directors
Ali Ahmed
Bakhit Bahhit
Maria Cachua
Jesse Case
Robin Clark- Bennett
Diane Finnerty
Fanai Galicia
Sergio Irund A -Wan
Charlie Eastham
Marcela Marquez
Father Rudy Juarez
Izze Sayed
Scott Smith
Jennifer Xie
Mazahir Salih
Executive Director
Misty Rebih
CENTER FOR WORKER JUSTICE
OF EASTERN IOWA
940 5. Gilbert Court, Iowa City, Iowa 52240
(319) 594-7593:: info @cwjiowa.org
Tuesday, February 4, 2014
CWJ strongly supports creation of a Community ID program
The Center for Worker Justice of Eastern Iowa (CWJ) applauds the Community
Identification Card report released on January 23rd by the City of Iowa City, and prepared
by Erin Fleck and Jordan Moody. The report provides a comprehensive analysis that we
feel clearly establishes the legality, feasibility, and benefit of establishing a community
identification card program.
Many members of our community lack an official, locally- recognized identification
card. It's a serious barrier that contributes to an array of related problems. Victims and
witnesses of crime are reluctant to call police, because without an ID, a routine
interaction can escalate into arrests or deportations. Residents without IDs are excluded
from local services and economic activity: banks require specific forms of ID to open
accounts; pharmacies require IDs for some cold and allergy medicines; some retail stores
ask to see IN to verify credit card ownership. Furthermore, immigrants are often
reluctant to produce foreign IDs, for fear of discriminatory treatment.
We believe this program will directly improve the lives of thousands of members of our
community who lack locally- recognized IDs, and create a safer, more inclusive
community for all its residents.
Our Specific Recommendations for an Effective Program
Based on our analysis of the report and discussions with our low -wage and immigrant
members, we believe an effective ID program should meet the following criteria:
• Formally recognized by law enforcement as a valid form of ID.
• Can be used to access public facilities and services, such as libraries, recreation
center programs, and visitors' hours at the county jail.
• Includes an education and outreach plan to encourage local banks and retailers
in our community to accept the ID.
• Is secure and accessible. Requires enough proof of identity and residency to
protect the integrity of the program, without being too restrictive.
• Protects the cardholder's information. Should maintain limited cardholder
information on file, and should not ask for immigration - related information.
• Must promote access, not create new barriers. CWJ opposes efforts to require
IN in local schools or recreation facilities, which will inevitably exclude some
parents and youth from essential community services.
After careful consideration, we recommend the establishment of a local government -
issued ID. It is very important to our members that the ID is broadly accepted as an
official form of identification, and maximizes access to community services. We feel a
city or county issued ID would be preferable to an ID issued by a private organization.
CENTER FOR WORKER JUSTICE
OF EASTERN IOWA
940 S. Gilbert Court, Iowa City, Iowa 52240
(319) 594-7593:: info @cwjiowa.org
February 11, 2014
Dear Iowa City City Council,
The Center for Worker Justice of Eastern Iowa (CWJ) applauds the Community
Board of Directors
Identification Card report released on January 23`d by the City of Iowa City, and prepared
Ali Ahmed
by Erin Fleck and Jordan Moody. The report provides a comprehensive analysis that we feel
clearly establishes the legality, feasibility, and benefit of establishing a community
Balzhit BaFxhit
identification card program. Please find attached several letters from immigrant and low -
Maria Cachua
wage workers who support a government- issues community ID program.
As you will read in the letters, many members of our community lack an official, locally-
recognized identification card. It's a serious barrier that contributes to an array of related
Robin Clark- Bennett
problems. Victims and witnesses of crime are reluctant to call police, because without an
ID, a routine interaction can escalate into arrests or deportations. Residents without IN are
Diane Finnerty
excluded from local services and economic activity: banks require specific forms of ID to
Fanai Galicia
open accounts; pharmacies require IN for some cold and allergy medicines; some retail
stores ask to see IN to verify credit card ownership. Furthermore, immigrants are often
Sergio Irund A -Wan
reluctant to produce foreign IDs, for fear of discriminatory treatment.
Charlie Eastham
We believe this program will directly improve the lives of thousands of members of our
community who lack locally- recognized IDs, and create a safer, more inclusive community
Marcela Marquez
for all its residents.
Father Rudy Juarez
Based on our analysis of the report and discussions with our low -wage and immigrant
Izze Sayed
members, we believe an effective ID program should meet the following criteria:
Scott Smith
. Formally recognized by law enforcement as a valid form of ID.
Jennifer Xie
• Can be used to access public facilities and services, such as libraries, recreation
center programs, and visitors' hours at the county jail.
Mazahir Solih
. Includes an education and outreach plan to encourage local banks and retailers in
our community to accept the ID.
• Is secure and accessible. Requires enough proof of identity and residency to protect
Executive Director
the integrity of the program, without being too restrictive.
Misty Rebik
• Protects the cardholder's information. Should maintain limited cardholder
information on file, and should not ask for immigration - related information.
• Must promote access, not create new barriers. CWJ opposes efforts to require IN
in local schools or recreation facilities, which will inevitably exclude some parents
and youth from essential community services.
After careful consideration, we recommend the establishment of a local government -
issued ID. It is very important to our members that the ID is broadly acceawd as an official
form of identification, and maximizes access to community services -We fQga city r county
f
issued ID would be preferable to an ID issued by a private organize rn
� • rasa
Sincerely, _.. .....
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Executive Director cn
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Marian Karr I 5f(8)
From: f.smoldtd @mchsi.com
Sent: Tuesday, February 11, 2014 8:12 AM
To: Marian Karr
Subject: Please introduce an official English resolution!
Frank and Sharon Smoldt
1105 Fremont Street
Marshalltown, IA 50158 -5661
February 11, 2014
Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Iowa City:
I just learned that yet another county has passed a resolution to make English its official language.
Polk County, Wisconsin just adopted an official- English resolution.
I strongly support this effort of English unity and I urge you to introduce a similar resolution in our county.
Rasmussen Reports found as recently as 2013 that high levels of support for official English have remained unchanged
for the past decade.
An overwhelming 85% of likely voters support official English.
It's time to limit taxpayer- funded translations and encourage English language learning in our county.
Please make official English an agenda item for this year. I'll be phoning your office to follow up on this matter.
Thank you for listening to my concerns.
Sincerely,
Frank and Sharon Smoldt
Marian Karr
From: welldone @longlines.com
Sent: Tuesday, February 11, 2014 10:47 AM
To: Marian Karr
Subject: Please introduce an official English resolution!
Gary Weldon
515 Elm st
Moorhead, IA 51558 -3023
February 11, 2014
Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Iowa City:
I just learned that yet another county has passed a resolution to make English its official language.
Polk County, Wisconsin just adopted an official English resolution.
I strongly support this effort of English unity and I urge you to introduce a similar resolution in our county.
An overwhelming 85% of likely voters support official English.
It's time to limit taxpayer- funded translations and encourage English language learning in our county.
Thank you for listening to my concerns.
Sincerely,
Gary Weldon
7128865678
Marian Karr
From: nfinity24 @yahoo.com
Sent: Tuesday, February 11, 2014 10:17 AM
To: Marian Karr
Subject: Please introduce an official English resolution!
Andrea Yeoman
1506 S 13th Street
Council Bluffs, IA 51501 -6263
February 11, 2014
Iowa City
410 East Washington Street
Iowa City, IA 52240
Dear Iowa City:
I strongly support this effort of English unity and I urge you to introduce a similar resolution in our county.
An overwhelming 85% of likely voters support official English.
It's time to limit taxpayer- funded translations and encourage English language learning in our county.
Please make official English an agenda item for this year. I'll be phoning your office to follow up on this matter.
Thank you for listening to my concerns.
Sincerely,
Andrea Yeoman
02 -18 -14
Marian Karr
From: Patricia Ephgrave <pephgrave @oaknoll.com>
Sent: Tuesday, February 11, 2014 4:16 PM
To: Council
Subject: Funding 3 venues
This correspondence will become a public record.
Dear Council,
The notice that the Council would consider funding three businesses downtown was absolutely astounding.
With affordable housing for workers downtown and elsewhere ignored for 25 years, why are we subsidizing businesses?
Is this the free enterprise system at work? If these are good ideas, they should attract investors, not government
handouts.
Housing on the other hand, has not proved to be resolved by the private sector and does require some government
interest in, oversight, or investment on your part. Better late than never; get with it.
Respectfully,
Patricia N Ephgrave
5, _1� �Ie)
Marian Karr
From: Marian Karr
Sent: Tuesday, February 18, 2014 11:15 AM
To: Marian Karr
Subject: FW: non profit video tickets
Attachments: gaming devices.pdf
From: Eleanor M. Dilkes
Sent: Tuesday, February 18, 2014 9:14 AM
To: Geoff Fruin; Rick Dobyns
Cc: Marian Karr
Subject: RE: non profit video tickets
Rick — Attached is the letter we sent to all licensees about this issue back in 2010. Council discussed the issue at a work
session and chose not to repeal or amend the ordinance.
Eleanor
Begin forwarded message:
From: Tony Villhauer <tonyvillhauer(a�yahoo.com>
Date: February 13, 2014, 4:44:09 PM CST
To: "terry,dickens _,iowa- city.org" <terry- dickens ,iowa -cit y�org >, "matt-hayek@iowa-
ci .or " <matt-ha ek ,iowa -cit y�org >, "susan- mims@iowa- city.org" <susan-mimsgiowa-
ci .or >, " Kingsley- BotchwayAiowa- city.org" <Kingsley=Botchwayna iowa- city.org >, "jim-
throgmortongiowa- city.org" < jim- throgmorton(a,iowa- cit�org >, "rick- dobyns(a,iowa- city.org"
<rick- dobynskiowa- city.org >, "michelle- payne&iowa- city.org" <michelle-payne@iowa-
ci .or >
Subject: non profit video tickets
Reply -To: Tony Villhauer <tonyyillhauer n,yahoo.com>
Dear Friend and Representative,
My name is Tony Villhauer. I am a life long Iowa Citian (4th generation). During my life I was
taught that giving back to the community is of vital importance. While not on the same public
level as you, I believe we see eye to eye in our belief Iowa City is a great place to live, and we
would love to make it even better.
I have particpated with various groups through the years - -- -Iowa City Boy's Baseball, Babe
Ruth, the Democratic Party, Special Olympics, Iowa City Officials Association, to name a few.
I am now a Past President of the Iowa City Fraternal Order of Eagles. We have 11 national
charities we support, and many many local causes, from the ICFD benevolant fund, Big
Brothers/Big Sisters, Wild Bills Coffee Shop, many youth leagues, after prom parties, etc,etc,etc.
More and more groups are in need of help, and we would love to do more. If we only could.
We have 'video games' that pays tickets to the winners. In years past, the winner could redeem
those tickets for anything in our establishment - -- -food, shirts we might be selling, and yes even
beverages. The income from those machines used to pay the large portion of our operating
expenses -- -heat, water, snow removal, etc.
A few years ago the then council decided that these tickest would no longer be allowed to be
used for beverages. As you can imagine, the use of such ticket machines dropped vastly. Thus,
more of our revenue is going to everyday expenditures leaving less for charity. And yes, we give
ALL to charity NO salaries to officers, no percentage to us, etc.
I would like to ask the council to consider recinding the local law that blocks the usage for
tickets won in such video games. To my knowledge we are the only community with this law,
putting Iowa City charities behind the eight ball in be able to assist as many as we would love to
help. Eve if it is only ammended to allow non profit orginizations this small break, it would help
so many people.
If their is anything I, or any other officer of the Eagles could do to answer questions or further
this cause , please do not hesitate to contact us.
Thanking you in advance,
Tony Villhauer
155 Stanwyck Dr.
Iowa City, IA 52240
(HM) 319- 471 -7978
Iowa City Eagles #695
225 HWY 1 west
Iowa City, IA 52245
319- 337 -9505
February 1, 2010
Re: Gaming devices and alcohol prizes
Dear Liquor Licensee:
_ b, �r
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CITY OF IOWA CITY
City Attorney's Office
410 East Washington Street
Iowa City, Iowa 52240 -1826
(319) 356 -5030
(319) 356 -5008 FAX
www.lcgov.org
It has come to our attention that many licensees In Iowa City have gaming devices in their
establishments that distribute tickets to winners with which they can purchase goods and
services at the establishment While the devices are regulated by the State, and may be legal .
under State law, licensees must be mindful of Iowa City Ordinance 4-5-7, as follows:
4-5 -7: LIMITATIONS ON SALES:
A. Unlawful: It shall be unlawful for a holder of a liquor control license, or wine permit or
beer permit, or its employees or agents, to do any of the following:
5. Encourage or-permit any game or contest or tournament of any kind which
Involves drinking any alcoholic liquor, wine, or beer or the awbrding of alcoholic
liquor, wine, or beer as a prize. (emphasis added.)
Because of thQ limitations of this ordinance, no alcoholic . beverage, bar tab, or bar credit can be
awarded as winnings from these gaming devices. More specifically, no winning tickets or
vouchers can be redeemed for alcohol. It bears reminding that no alcoholic beverage, bar tab,
-or bar credit can be awarded as a prize for any other contests, games or tournaments, such as
Halloween or other costume contests.
Should you have any questions regarding the legality of any drink special or contest, please do
not hesitate to contact me. We prefer to help prevent violations rather.than prosecute them.
Thank you for your consideration.
S)ncerely,
Eric R. Goers
Assistant City Attorney
oc:. Marian Karr, City Clerk
Sergeant Denise Brotherton, ICPD
Eleanor M. Dilkes, City Attorney
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City of Iowa City
11
MEMORANDUM
DATE: February 11, 2014
TO: City Council
FROM: Eleanor M. Dilkes, City Attorney
RE: Browne Appeal of Denial of Application for Permit in City Plaza
On the agenda for February 18 is an appeal hearing of a denial of an application for a permit
for a public assembly in City Plaza. In your packet you will find copies of Anthony Browne's
Application for Parade /Public Assembly Permit, Simon Andrew's denial of the application,
Mr. Browne's request for an appeal, and letter from Susan Dulek notifying Mr. Browne of the
appeal hearing date and time. After hearing from Mr. Browne and Mr. Andrew 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 also
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. Although not
relevant to this appeal, I have also attached Ordinance No. 13 -4559, which amends Section
10 -1 -4 but has not yet been codified
Enc.
Cc: Applicant Anthony Browne — w /enc.
Thomas M. Markus, City Manager — w/enc.
Geoff Fruin, Asst. to the City Manager — w/enc.
Marian K. Karr, City Clerk — w /enc.
Simon Andrew, Administrative Analyst — w /enc.
Sterling Codifiers, Inc.
Page 2 of 8
PUBLIC SIDEWALK: The improved portion of public right of way dedicated to and /or
intended primarily for pedestrian use.
B. Exemptions: The following are exempt from the provisions of this chapter:
1. Funeral processions.
2. A gathering of an affiliated group or subpart thereof.
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
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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)
This section has been affected by a recently passed ordinance, 4559 - PARADES AND
PUBLIC ASSEMBLIES. Go to new ordinance.
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.
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6. Date, time and expected duration of the use.
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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 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)
10 -1 -4: ISSUANCE OR DENIAL OF PERMIT:
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
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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.
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.
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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)
10 -1 -5: APPEALS REGARDING ISSUANCE OR DENIAL OF PERMIT:
A. Any party aggrieved by the city manager's or designee's decision 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.
B. Upon such hearing, the city council may, based upon the standards enumerated herein,
reverse, affirm or modify in any regard the city manager's or designee's decision. The city
council's decision is the final decision. (Ord. 04 -4125, 5 -4 -2004)
10 -1 -6: REVOCATION OF PERMIT:
A. The city manager or designee, or the city council if issued following an appeal, may
revoke a parade /public assembly permit if:
1. It is determined that the permittee has misstated any material fact in the application;
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Disclaimer:
This is provided for informational purposes only. The formatting of this ordinance may
vary from the official hard copy. In the case of any discrepancy between this ordinance
and the official hard copy, the official hard copy will prevail.
Publish 10/24
ORDINANCE NO. 13 -4559
ORDINANCE AMENDING TITLE 10 OF THE CITY CODE, ENTITLED "PUBLIC WAYS AND
PROPERTY," CHAPTER 1, ENTITLED "PARADES AND PUBLIC ASSEMBLIES," TO LESSEN THE
INSURANCE AND INDEMNIFICATION PROVISIONS AND MAKE THEM CONSISTENT WITH THE
PERMIT FEE REQUIREMENTS.
WHEREAS, Section 10 -8 -1 requires that applicants for parade /public assembly permits provide insurance
if the event is in the street or if equipment and other items are placed on the sidewalk, city plaza, or in a park;
WHEREAS, events in which less than one block is closed, even if equipment or other items are placed on
the street, and which last under six hours, pose less risk to the City than events that take place over multiple
blocks and that last more than six hours;
WHEREAS, applicants required to pay a permit fee should also be required to have insurance and
indemnify the City; and
WHEREAS, it is in the City's interest to adopt this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CITY, IOWA:
SECTION I. AMENDMENTS.
Title 10, entitled "Public Ways and Property," Chapter 1, entitled "Parades and Public Assemblies," Section 3,
entitled "Application for Permit," is hereby amended by deleting Subsection B13 and B14 and substituting the
following in lieu thereof: B13. If the parade or public
assembly requires equipment, cables, objects, structures, or similar items to be placed on city plaza, on a
sidewalk, or in a park or if it lasts more than six hours or if it is held on a street and requires the closure of more
than one block, the applicant shall 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. Block means the area on the street in a residential zone
between two intersections or between an intersection and the stub /termination of a street or 500 feet in a
nonresidential zone. The indemnification requirement may be waived if applicant demonstrates inability to
indemnify. B14. If the parade or public assembly requires equipment, cables,
objects, structures, or similar items to be placed on city plaza, on a sidewalk, or in a park or if it lasts more than
six hours or if it is held on a street and requires the closure of more than one block, 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. Block means the area on the street in a residential zone
between two intersections or between an intersection and the stub /termination of a street or 500 feet in a
nonresidential zone. 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. SECTION II. REPEALER.
All ordinances and parts of ordinances in conflict with the provision of this Ordinance are hereby repealed.
SECTION III. SEVERABILITY. If any section, provision or part of the Ordinance shall be adjudged to be
invalid or unconstitutional, such adjudication shall not affect the validity of the Ordinance as a whole or any
section, provision or part thereof not adjudged invalid or unconstitutional.
SECTION IV. EFFECTIVE DATE. This Ordinance shall be in effect after its final passage, approval and
publication, as provided by law.
Passed and approved this 15th day of October, 2013.
s /Matthew J. Hayek, Mayor
Attest: s /Marian K. Karr, City Clerk
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CITY OF IOWA CITY
410 East Washington Street
Iowa City, Iowa 52240 -1826
't (319) 356 -5000
(319) 356 -5009 FAX
www.icgov.org
January 30, 2014
Mr. Anthony Browne
PO Box 66
Iowa City, IA 52244
Dear Mr. Browne:
This letter is to notify you that the City Council will hear the appeal of the denial of your
application for a parade /public assembly permit at the City Council meeting on February 18,
2014 at 7:00 p.m. in the Emma J. Harvat Hall at City Hall, 410 E. Washington St., Iowa City,
Iowa.
Sincerely,
Susan Dulek
Assistant City Attorney
Appeal of Denial of Application for Public Assembly Permit ! To GTE'
1. The full text of § 10- 1 -2(E) is:
"E. No parade or public assembly permittee may sell a good or a service unless the VW UT I k to
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."
The text highlighted in green above would apply to our event and clearly provides that
500 or more persons are not required to attend our event to be granted an exemption
to sell goods. We intend to assemble in most of City Plaza, which we believe is a
substantial area within City Plaza required under § 10- 1 -2(E). Even if the 500 person
rule applied, we expect 2000 or more persons to attend. The fact that the persons
assembling could be there for multiple reasons does not mean they do not count for
the purposes of the 500 person rule and our event.
Regarding the intent to invite other street food vendors, like the Jazz, Arts, or Soul
Fests, we would like the ability to add or remove vendors based on their availability.
We will try to confirm vendors before the appeal hearing before the city council.
Lastly, using common dictionary definitions, we are inviting the Johnson County
community and beyond to attend our event. Therefore, we believe it meets the
definition of community-wide event required to get the exemption to sell goods under
§ 10-1-2(E).
2. As stated in the application, we intend to provide an electric generator, if necessary.
Also stated in the application, all of the food trucks are self - sufficient electrically.
Only the DJ, food carts, and potentially some other food vendors would need
electricity. We would like to use the City of Iowa City's electric if at all possible. We
would like to work with city staff to in any way regarding electrical usage. We could
completely rely on generators, if need be. ti
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3. The question under § 10- 1 -4A(3) is whether the event and the normal Fg� P*a —n
activity are "compatible." We believe and assert that our event and theA�tix-f food —
carts are indeed compatible. The City Manager has never denied a penotto 6fh,, r�
events with food vendors, such as the Jazz, Arts, or Soul Fests. These e?Qts &e m
frequently granted permits, meaning these events have been determinaVo bap
compatible with the existing food carts. We believe out event is equallomp� ble.
We will try to confirm vendors before the appeal hearing before the city council. We
will seek the input from the existing food carts on whether our event is compatible
with their operations.
4. The question under § 10- 1 -4A(5) is whether the event would "interfere" with another
event for which a permit has already been granted. We believe and assert that our
event would not interfere with the existing food carts. The City Manager has never
denied a permit to other events with food vendors, such as the Jazz, Arts, or Soul
Fests. These event are frequently granted permits and it has been determined that they
do not interfere with the existing food carts. We believe out event would equally not
interfere with the existing food carts. Again, we will try to confirm vendors before the
appeal hearing before the city council. We will seek the input from the existing food
carts on whether our event is compatible with their operations.
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CITY OF IOkti'n CITY
APPLICATION FOR PARADE /PUBLIC 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: Mobile Vending Association of Iowa City, Hillery's BBQ — Attn: Anthony Browne
2. APPLICANT'S ADDRESS: Hillery's BBQ, Attn: Anthony Browne, PO BOX 66, Iowa City, Iowa, 52244
3. PHONE NUMBER/E -MAIL: 319.541.2149
4. EVENT NAME: Iowa City Food Truck and Cart Fest
5. TYPE OF EVENT: (circle one)
Parade Public Assembly
6. DATE OF EVENT: 04/19/20 1 4
Start Time: 1 1A End Time: 7PM
7. EXPECTED NUMBER OF ATTENDEES: 2000
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8. EVENT LOCATION: —�
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( )City Plaza - circle one of the follow Mini Park Fountain Multiple locations
Area Area (include a map)
( ) City Street
Name of street(s) and include a map
( ) Park: Name of park:
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:
The mechanical or electronic equipment that will be used are mobile vending units and DJ amplification equipment.
The equipment will be located in the fountain area of City Plaza. Food trucks are electrically self- contained
(generators), while the food carts and trailers need an electric source. A generator will be obtained by the organizers,
if necessary.
10. State the number and type of any motor vehicles or other forms of transportation to be used including
bicycles:
10 -15 mobile vending units.
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:
Mobile Vending Association of Iowa City; Anthony Browne /Hillery's BBQ; and any mobile vendor participants.
14. Proposal for cleanup: Mobile Vending Association of Iowa City; Anthony Browne /Hillery's BBQ; and any
mobile vendor participants will clean up the location after the event.
15. Is water connection requested? Yes X No If yes, explain for mobile vendors,
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16. Is electricity requested? Yes X No If yes, explain for mobile vendors C)
17. Describe any items to be sold or distributed: Street food C-)
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ADDITIONAL INFORMATION:
The Iowa City Food Truck and Cart Fest will be held as a city wide event to support the economic vitality of
downtown.
In support thereof, the Mobile Vending Association of Iowa City would like to invite the following licensed and
insured mobile vendors who currently operate in Iowa City to participate in the event and sell street food, if the permit
is granted:
i. Hillery's BBQ (food trailer)
ii. Local Burrito (food truck)
iii. Box Lunch (food truck)
iv. La Michoac6n (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. Corn -Roc (food cart)
X. Moe's Eggstravagant (food cart)
Additionally, the Mobile Vending Association of Iowa City would like to invite other mobile vendors for a total of not
more than 15 mobile vendors. Any mobile vendor participants will need to have a license from the State of Iowa to
sell food and have valid insurance. Examples of other mobile vendors that would be invited are known Farmer's
Market street food vendors.
The event will have a DJ that will play festive music fit for a family setting using sound amplification equipment set
up in the area near the fountain.
The Mobile Vending Association of Iowa City will provide information on our website:
and generally increase awareness as April 191h approaches through a wide variety of means, such as, but not limited
to, Facebook and Twitter, should the permit be granted.
The Mobile Vending Association of Iowa City requests that the event therefore be granted the exemption to sell
goods under § 10- 1 -2(E).
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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.
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Signature of Applicant Date
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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
Sheet. ")
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Signature of Applicant 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. r,J
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FOR CITY USE ONLY:
NOTICE OF DECISION GRANTING OR DENYING THE APPLICATION
The application is approved. /
The application d nie cause
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City Manager or Designee Date /
Please Note: Any route changes after approval must be resubmitted to the City for review
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January 23, 2014
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CITY OF IOWA CITY
Anthony Browne 410 East Washington Street
PO Box 66 lowa City. Iowa 52240-1826
Iowa City, Iowa 52244 (3 19) 356 -5000
(319) 356 -5009 FAX
Dear Mr. Browne, www.icgov.org
The public assembly /parade permit application dated January 15, 2014 is denied for the
following reasons:
City Code prohibits the use of public spaces (streets, sidewalks, and parks) for commercial
purposes unless the use is specifically allowed under City Code. Under section 10 -1 -2E, no
parade or public assembly permittee may sell a good or 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.
This event is not reasonably expected to draw more than 500 persons. Given that six of the
vendors listed as invitees are already permitted and operate in City Plaza, any of their
patrons that were drawn to downtown specifically for their products would already be
downtown in the absence of this event. Therefore, it cannot be claimed that these persons
would be drawn to downtown for this event. It is not reasonable to expect the remaining
vendors to draw more than 500 persons. It should also be noted that the application states
that the applicant "would like to invite" these other vendors; we do not have an indication of
their intentions to participate in the event. Further, the event is not a community -wide
attraction that attracts people to Iowa City, such as Jazz Fest or Arts Fest, given that the
proposed activity occurs downtown on a daily basis throughout the vending season.
2. City Code section 10- 1 -4A(2) states that the proposed public right of way must be able to
accommodate the group use. The mobile vendors currently permitted downtown are located
in such a way as to minimize the burden on City Plaza's electrical system. It is not clear that
one location, whether in the fountain or mini -park areas, has the electrical capacity to
support the number of vendors in addition to the DJ that the applicant is proposing. This
would have to be evaluated with the specifics of the proposed vending carts; again, it is not
clear that the vendors listed on the application intend to leave their permitted locations for a
day to vend from a central location.
3. City Code section 10- 1 -4A(3) states that the proposed use or activity must be "compatible
with the normal activity of the proposed public right of way at the requested time or date."
Normal activity on City Plaza includes the six mobile vendors that pay a fee to the City to
engage in commercial activity. The proposed use is not compatible with this normal activity.
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4. City Code section 10- 1 -4A(5) states that "The event will not interfere with eithiS another event
for which a permit has already been granted or an event organized and conduct
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the same date and time." As noted above, the City has granted mobile ve �petits f�
which permit holders pay a fee to engage in commercial activity. The proposeay -brit t t&rferr --
with these previously granted permits. r--
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The application states that Farmer's Market vendors would also be invited tot nt lea
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note that the proposed event occurs two weeks before the first Saturday Farfier's carket of
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January 23, 2014
Page 2
2014. The Winter Farmer's Market is also currently operating on Saturdays from the Iowa City
Market Place (formerly Sycamore Mall). For information on product guidelines and the process
for applying for a stall, please visit www.icgov.org_/farmersmarket or call (319) 356 -5487.
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Marian Karr
From: Diane Dillon <popsbeef@g mail. com>
Sent: Monday, February 17, 2014 7:44 AM
To: Council
Subject: Mobile Vending
Good Morning,
I am writing to you in regards to the appeal of the public assembly permit application that a Mr. Brown is
bringing to the city council at Tuesday nights meeting. As one of the six licensed vendors on the pedestrian
mall I wanted to let the council know that I, nor the other five licensed vendors are not associated with this Mr.
Brown or the Mobile Vending Association of Iowa City. I felt that clarification was necessary because of this
Vending Association that he has established seemed to give the impression that the licensed vendors were
members of this group, which in fact is not true.
Diane Dillon
Pop's Italian Beef
Iowa City, IA